Back
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
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 communication dated 26.04.2023 (Annexure P-2), by which his representation dated 22.03.2023 was erroneously rejected by the Under Secretary, Department of Jail; and has also questioned the proceedings of the Departmental Promotion Committee (for short, ‘DPC’) held on 08.02.2023 on the ground that the same were conducted in contravention of Rule 7 of the Chhattisgarh Public Services (Promotion) Rule
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
