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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Ajit Kumar Gond – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. promotion is based on seniority and administrative practice. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. constitutional and procedural rights must be upheld for promotions. (Para 7 , 8 , 9) |
| 3. the selection process must adhere to transparency and fairness. (Para 10 , 11 , 12) |
| 4. previous orders must be quashed if arbitrary and unreasonable. (Para 13) |
| 5. argument presented regarding arbitrary promotion and legal norms. (Para 14) |
| 6. contentions from the respondents concerning seniority and merit. (Para 15 , 16 , 17) |
| 7. reservation and promotion principles must be followed. (Para 18) |
| 8. arguments about promotion criteria adherence. (Para 19 , 20 , 21) |
| 9. rights to be considered for promotion do not guarantee promotion. (Para 22 , 23) |
| 10. insufficient grounds for claiming promotion based solely on seniority. (Para 24 , 25) |
| 11. final judgment based on adherence to legal norms and procedures. (Para 30 , 31) |
| 12. writ petition dismissed due to lack of merits. (Para 32 , 33 , 34) |
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. The petitioner has approached this Hon’ble Court invoking its extraordinary constitutional writ jurisdiction, seeking issuance of a writ in the nature of Mandamus commanding the resp
The court emphasized adherence to established seniority practices for promotions within the judiciary, affirming that the lack of transparency violated the principles of Articles 14 and 16 of the Con....
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
Recruitment to Higher Judicial Services (Cadre of District Judges) will be on the basis of principle of “merit-cum-seniority” and passing a suitability test – While applying principle of “merit-cum-s....
The principle of 'Merit-cum-Seniority' emphasizes merit assessment through a suitability test, allowing seniority to influence final promotions, as upheld by the Court.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
Promotion based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
The principle of 'seniority-cum-merit' requires that promotions must prioritize seniority among candidates who meet a minimum merit standard, and any deviation from this principle renders the promoti....
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