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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 :
1. Petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking following relief :-
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.
By an amendment application, petitioners further sought following reliefs :-
10.6 That, this Hon'ble Court may kindly be pleased to direct the Respondent State to act upon the recommendation made by the three members committee vide its report dated 13/01/2022.”
3. Learned counsel for the petitioners submits that, issue involved in instant petition is promotion of petitioners from the post of Lab Attendant, which is a class IV post, to the post of Lab Assistant, which is a class III post. Petitioners’ promotion is governed by the Promotion Rules, 2003 and as per Rule 4(1), basis of promotion from
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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