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N. KOTISWAR SINGH, SOUMITRA SAIKIA
Suman Dey, S/o. Late Bijan Dey – Appellant
Versus
Punjab National Bank, Rep. by its Executive Director – Respondent
JUDGMENT :
N. Kotiswar Singh, J.
Heard Mr. U.K. Nair, learned Senior counsel assisted by Mr. A. Boro, learned counsel for the appellant. Also heard Mr. P.K. Kalita, learned Senior counsel assisted by Mr. K.R. Barooah, learned counsel for the respondents.
2. The present appeal has been preferred against the judgment and order dated 26.02.2021 passed by the learned Single Judge in WP(C) No.2459/2019 by which the plea of the writ petitioner/appellant for fixing the ratio for recruitment to the higher post of Senior Manager (Law), MMG Scale III has been rejected on the ground that in absence of any prescribed ratio for filling up such vacant posts of Senior Manage (Law), MMG Scale III by way of direct recruitment and promotion, the appellant/petitioner has no legal or fundamental right to seek any such direction from the Court.
3. Before we examine the correctness of the view of the learned Single Judge, relevant facts may be noted.
4. The appellant/writ petitioner is presently serving in the post of Manager, Law (MMG Scale-II) with the respondent Punjab National Bank.
5. According to the appellant/writ petitioner, the respondent authorities issued a notice for promotion from the post of Man
The absence of a prescribed ratio for filling up vacant posts does not violate fundamental rights if the service conditions of the petitioner have not been altered to his detriment.
Point of law: Administrative instructions - Though there is no specific mention with regard to applicability of roster as prescribed in Chapter XIII of Handbook on Personnel Matters in the Rules 2006....
The State must adhere to central guidelines mandating a 50%:50% ratio for filling Supervisor vacancies under ICDS, rejecting any conflicting state rules.
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
Point of law: Filling of vacancy - In case the vacancy now available is again filled by promotee candidate, the discrimination already meted to direct recruits shall be perpetuated. On the other hand....
No vested right to promotion under repealed rules post-cadre merger; vacancies filled per rules in force at DPC consideration date. Backlog vacancies carried forward treated under new 70:30 direct-pr....
The court established that promotion rights under the U.P. Secondary Education Services Selection Board Rules must be honored, and direct recruitment cannot bypass eligible candidates for promotion.
Court cannot interfere with the operation of the existing channel (s) of recruitment to the post of AGM.
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