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N. UNNI KRISHNAN NAIR
Nipun Barman – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. S. Nath, learned counsel for the petitioners. Also heard Mr. N. J. Gogoi, learned Standing Counsel for the Tea Board, representing the respondent nos. 2 to 5.
2. The challenge made in the present proceeding is to an Office Memorandum bearing No. 139/2013 dated 01.07.2013, by which the promotions of the petitioners, herein, to the post of Assistant Director, Tea Development effected vide O.M. dated 18.07.2011 and 09.08.2011, were cancelled with a further prescription for effecting recovery of the excess salaries drawn by the petitioners, herein, while holding the promotional post of Assistant Director, Tea Development.
3. As projected in the writ petition, the petitioners herein were initially recruited in the year 2007 as Assistant Development Officers in the Tea Board and were posted at Dibrugarh, Jorhat and Itanagar respectively. In pursuance to the recommendations of the 6th Central Pay Commission, the post of Assistant Development Officer came to be merged with that of the post of Development Officer w.e.f. 01.01.2006. Consequentially, the petitioners herein having been recruited as Assistant Development Officer after 01.01.2006, are to be deemed to have been
Promotions to Assistant Director, Tea Development were valid under the applicable rules at the time, and their cancellation was unsustainable and violated principles of natural justice.
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
Deemed abolition under Finance O.M. 12.04.2017 inapplicable to continuously manned promotional posts; right to DPC consideration from vacancy date upheld despite prolonged inaction.
Promotion criteria for educational roles must comply with statutory Recruitment Rules, which cannot be overridden by Executive Instructions or Circulars.
merely because another reasonable view may be possible, is no ground for this Court sitting in judicial review and judicial superintendence to upturn the impugned verdict of the Tribunal which is a c....
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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