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HARISH TANDON, MADHURESH PRASAD
High Court at Calcutta – Appellant
Versus
Suchhanda Ganguly – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
1. The present memorandum is filed by the High Court at Calcutta by way of intra-Court Appeal, being aggrieved and dissatisfied with the judgment and order dated 14thJuly, 2023 passed in W.P.O. No. 1238 of 2023 whereby and whereunder the learned Single Judge has directed the learned Registrar, Original Side, to dispose of the representations dated 04.01.2021, 18.03.2021, 19.03.2021 and 28.03.2021 filed by the writ petitioners. The order mandates passing of a reasoned order within four weeks after affording an opportunity of hearing to the representationist. The learned Single Judge has restrained the authority from publishing the result of the promotional process till disposal of the representations.
2. The brief factual matrix leading to filing of the writ petition commences from issuance of one notice dated 01.06.2023. The notice was in terms of the resolution dated 18.05.2023 adopted by the Recruitments and Promotion (High Court) Committee (‘HC Committee’ for short) duly approved by the Hon’ble the Chief Justice regarding selection process for the newly sanctioned post of Deputy Registrar (Legal). In terms of the notice dated 01.06.2023, the selectio
The court established that a promotion panel based on seniority-cum-merit remains valid until fully utilized, contrasting it with merit-cum-seniority processes.
Eligibility for promotion under the Rajasthan High Court Staff Service Rules is based on grade rather than specific post, but mere financial upgradation does not confer entitlement to promotion.
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
The court emphasized the fundamental right to promotion and directed the consideration of the petitioner's seniority and promotion claims after disciplinary proceedings concluded.
Promotion decisions must consider overall service record and misconduct penalties; seniority alone does not guarantee promotion.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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