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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, PARTH PRATEEM SAHU
Rukam Singh Tomar, S/o Shri Hawaldar Singh Tomar – Appellant
Versus
State Of Chhattisgarh Through The Under Secretary, Agriculture Development And Farmer Welfare And Bio Technology Department – Respondent
ORDER :
Parth Prateem Sahu, J
1. This writ petition is listed before this Division Bench on a reference being made by learned Single Judge observing thus:-
“ The germane issue for consideration before this Court is whether the view taken by this Court in Harikrishna Patel (supra) that for consideration of promotion on the basis of “seniority-cum-fitness”, no minimum Benchmark could be prescribed by the DPC, is contrary to the provisions contained under Rule 4(1) and Rule 6(5) of the Promotion Rules, 2003 or whether the other view taken by this Court in Prahalad Singh Gunwan (supra) that for promotion on the basis of “seniority-cum-fitness”, the DPC was empowered to prescribe a minimum Benchmark on the basis of ACR grading, is correct or not?”
2. For answering the reference, we find it appropriate to discuss the facts of case, subject matter of writ petition. Petitioner, who is holding post of Senior Horticulture Development Officer, became eligible for his consideration for promotion on the post of Assistant Director (Horticulture). For consideration of eligible candidates for promotion on the post of Assistant Director (Horticulture), the Departmental Promotion Committee (DPC) was con
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.
Promotion based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
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 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....
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
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