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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
| Table of Content |
|---|
| 1. promotions depend on seniority-cum-fitness (Para 1 , 2) |
| 2. minimum benchmark established for promotion (Para 3 , 4) |
| 3. rules governing promotion and assessment criteria (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. assessment of suitability by dpc is necessary (Para 11 , 12 , 13 , 14) |
| 5. differences between seniority-cum-merit and merit-cum-seniority (Para 15 , 16 , 17 , 18) |
| 6. dpc to assess suitability based on preceding years' acrs (Para 19 , 20) |
| 7. suitability defined in context of job requirements (Para 21 , 22 , 23) |
| 8. correctness of prahlad singh gunwan decision affirmed (Para 24) |
| 9. petition to be listed for merit decision (Para 25 , 26) |
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 Cou
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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