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DEVASHIS BARUAH
Dhiren Das, S/o. Sri Thanuram Das – Appellant
Versus
State Of Assam, Represented by the commissioner and secretary to the Government of Assam, Judicial Department, Guwahati – Respondent
JUDGMENT :
1. Heard Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. R. M. Deka, the learned counsel appearing on behalf of the petitioner and Mr. U. K. Nair, the learned Senior counsel assisted by Ms. S. Sharma, the learned counsel appearing on behalf of the respondent Nos. 2 and 3. I have also heard Mr. A. Chetry, the learned counsel appearing on behalf of the respondent No. 4.
2. This is an application filed under Article 226 of the Constitution of India challenging the minutes of the meeting of the Selection Board dated 08.02.2021 whereby the respondent No.4 was recommended for promotion and appointment in the post of Head Assistant in the Office of District and Sessions Judge, Lakhimpur at North Lakhimpur; for cancellation of the said minutes of the meeting of the Selection Board dated 08.02.2021; for setting aside the order dated 10.02.2021 issued by the District and Sessions Judge, Lakhimpur at North Lakhimpur thereby promoting and appointing the respondent No.4 in the post of Head Assistant in the Office of District and Sessions Judge, Lakhimpur at North Lakhimpur and for cancellation of the same; for setting aside the rejection of the candidature of the peti
The main legal point established in the judgment is the application of the seniority-cum-merit criterion in promotion decisions, emphasizing the priority of seniority over merit, as per the Rules of ....
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
The court established that the Selection Board and the Appointing Authority have discretion to consider the suitability of candidates for promotion, taking into account their service records and ante....
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
An illegitimate promotion violating recruitment rules and seniority is void ab initio and curable via review. Challenges to long-settled appointments are unsustainable under the principles of delay a....
The main legal point established in the judgment is that the cut-off date for promotion eligibility, as prescribed under Rule 11 (C) of the Assam Treasury (Establishment) Service Rules 1993, applies ....
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