1. In these writ petitions, the vexed question, whether petitioners are entitled to be considered for promotion pending disciplinary/criminal proceedings against them, that visits this court more often than any other issue, falls for consideration. As the core issue is common in all these writ petitions they are disposed of by this common order.

2. Ordinarily, an employee is entitled to be considered for promotion as per his seniority. If promotion is based on seniority, as a matter of course, senior should be granted promotion unless he is otherwise declared as unfit to be promoted. If promotion to the next cadre is based on selection, employee is entitled to be considered as per seniority along with all other eligible candidates by Departmental Promotion Committee and if Promotion Committee recommends, he is entitled to be promoted.

3. In service matters, one of the biggest contributors to litigation and occupying huge legal space is disputes relating to claim for promotion by employee as against employers desire to differ promotion on the ground of pendency of disciplinary action/criminal action.

4. The substratum of litigation is competing claims of employee and employer. E