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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARESH KUMAR CHANDRAVANSHI
Harikrishna Patel S/o Shri Hiralal Patel – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of Home – Respondent
| Table of Content |
|---|
| 1. petitioners seek promotion under constitutional provisions. (Para 1 , 2) |
| 2. promotion denied based on acr grading against rules. (Para 3 , 4) |
| 3. court instructs reconsideration based on seniority subject to fitness. (Para 15) |
ORDER :
Naresh Kumar Chandravanshi, J.
1. Petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking following relief :-
“10.1 That this Hon'ble Court may please to call for the entire records pertaining to the case in the interest of justice.
10.2 That, on above facts and circumstances, all proceedings, findings. recommendations of Respondent no. 3, assessment recorded on 13/03/2020 in Annexure P-1 by Respondent no.3 may kindly be quashed in the interest of justice.
10.3 That the impugned order dated 18/03/2020 Annexure P-2 may kindly be quashed directing the respondents 1 to 3 to give promotion to the petitioners on post of Lab Assistant Class III declaring them fit to be promoted for Lab Assistant Class III with cost of litigation, in the interest of justice. 10.4 That any other relief which the Hon'ble Court thinks just and proper may also kindly be allowed in favour of petitioners in the interest of jus
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
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.
Promotion based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
Promotion policies must prioritize merit for advancing to higher scales, and the assessment must adhere to established objective criteria without bias or arbitrariness.
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
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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