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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK, SANDEEP V.MARNE
Rajendra Balwant Pande – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petition challenges promotion order and benchmark change. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arbitrary benchmark hike favours junior respondent no.4. (Para 6 , 7) |
| 3. fair promotion via uniform benchmark and merit assessment. (Para 8 , 9 , 10) |
| 4. seniority and eligibility rules for cgm(hr) promotion. (Para 11 , 12 , 13 , 14 , 15) |
| 5. benchmark fixed at 21 marks for uniformity. (Para 16 , 17 , 18 , 20) |
| 6. benchmark change not arbitrary or favouring individual. (Para 19 , 21 , 22) |
| 7. cannot equally compare acrs from different posts. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 8. upgrade acr grading for higher post responsibilities. (Para 29 , 30 , 31 , 32 , 33) |
| 9. petitioner qualifies benchmark post grading upgrade. (Para 34 , 35 , 36) |
| 10. promote petitioner; set aside junior's promotion. (Para 37 , 38) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule made returnable forthwith. With the consent of the parties, the Petition is taken up for hearing and final disposal.
2. Petitioner has filed the present petition under Article 226 of the Constitution of India challenging the promotion order dated 30 November 2022 by which Respondent No.4 is promoted to the post of Chief General Manager (HR) [CGM (HR)]
When comparing ACRs for promotion, upgrade gradings by one level for officer's periods on higher post versus lower post to enable fair assessment; petitioner qualifies post-upgrade.
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
: : (1) Promotion is a condition of service and consideration thereof is a fundamental right.(2) When rules specifically provide that promotion has to be made on the basis of selection where merit is....
Promotion in non-selection posts must adhere to seniority without subjective merit evaluations in the absence of unsuitability, reinforcing equality rights under the Constitution.
Non-communication of below benchmark grading in ACR/APAR is arbitrary and violative of Article 14 of the Constitution of India. The rejection of representation against below benchmark grading must be....
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
The court affirmed that promotion must consider merit as the primary criterion, and procedural flaws in disciplinary inquiries can invalidate corresponding punishment orders.
Promotion based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
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