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NITIN JAMDAR, SANDEEP V. MARNE
Sachin Namdev Wadgaye – Appellant
Versus
Maharashtra Housing area and Development Authority – Respondent
JUDGMENT :
Sandeep V. Marne, J.
Rule. Rule is made returnable forthwith. With the consent of parties, petition is taken up for final hearing.
2. Petitioner has filed present petition challenging order dated 27 August 2021 promoting Respondent No.3 to the post of Information and Communication Technology Officer. Petitioner seeks his own promotion to that post in place of Respondent No.3. He also seeks a direction to call for records relating to involvement of Respondent No.3 in respect of alleged fabrication of tender for renewal of Oracle license to LDS Infotech Pvt. Ltd. as well as report submitted by the Vigilance Committee on 29 January 2020. He also challenges the recruitment rules to the extent of prescription of Decree in Management as qualification for promotion to the post of Information and Communication Technology Officer.
3. Briefly stated, facts of the case are that Petitioner has been working on the post of Information and Communication Technology Officer (ICT Officer) since 3 May 2012. Respondent No.3 came to be appointed on the post of ICT Officer w.e.f. 23 July 2012
The principle of 'merit cum seniority' was emphasized, highlighting that seniority alone cannot entitle an officer for promotion.
The court affirmed that promotion must consider merit as the primary criterion, and procedural flaws in disciplinary inquiries can invalidate corresponding punishment orders.
Promotion decisions must consider overall service record and misconduct penalties; seniority alone does not guarantee promotion.
Promotion based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
DPC has the authority to set a minimum benchmark for promotion criteria, balancing seniority and merit, as long as it does not conflict with statutory provisions.
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
Eligible junior's vested right to promotion precedes seniors' conditional consideration under relaxatory note in recruitment rules.
Appointing authority cannot selectively reject DPC recommendations for eligible candidate while accepting for others without following Handbook procedure for disagreement; must ensure equal treatment....
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