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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Amit Shandilya S/o Shri Mannu Lal Shandilya – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. petition challenges illegal promotion. (Para 1 , 2) |
| 2. petitioner argues for merit consideration. (Para 4 , 5 , 6 , 8) |
| 3. state disputes petitioner's merit claims. (Para 9 , 10 , 12 , 13) |
| 4. merit must prevail over seniority. (Para 19 , 20) |
| 5. dpc's failure to assess merit declared illegal. (Para 21 , 22 , 26) |
| 6. court orders new merit-based assessment. (Para 27 , 28 , 30) |
ORDER :
1. Heard Mr. Prafull N. Bharat, learned Senior Advocate assisted by Ms. Sunita Jain, Advocate for the petitioner, Mr. Sangharsh Pandey, Government Advocate appearing for the State/respondents No.1 and 2, Mr. Gary Mukhopadhyay, Advocate for respondent No.3 as well as Mr. Siddhant Tiwari, Advocate for respondent No.4.
2. By filing the present petition, the petitioner has challenged the impugned order dated 09.03.2023 (Annexure P-1), whereby respondent No.4 has allegedly been illegally promoted to the post of Deputy Inspector General (DIG), Jail, despite being less meritorious than the petitioner and in complete violation of the “Merit-cum-Seniority” criteria prescribed under Rule 7(9) of the Chhattisgarh Public Services (Promotion) Rules, 2003; the petitioner has further assailed the communicatio
Promotion based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
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.
The principle of 'Merit-cum-Seniority' emphasizes merit assessment through a suitability test, allowing seniority to influence final promotions, as upheld by the Court.
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
Promotion from Class-IV to Junior Assistant follows seniority-cum-merit among those qualifying typing test at 30+ wpm; higher speeds do not justify superseding seniors absent rule prescription.
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