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DEVASHIS BARUAH
Dilip Chandra Kalita – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. S Sahu, the learned counsel appearing on behalf of the petitioner. Also heard Mr. B Gogoi, the learned standing counsel, Finance and Taxation Department, Government of Assam and Mr. MP Sarma, the learned counsel appearing on behalf of the respondent No.5.
2. This Court vide a common judgment and order dated 08.08.2024 in Review Pet No.28/2023 and Review Pet No.128/2023 had reviewed the judgment and order dated 04.01.2023 passed in the instant writ petition. The effect of reviewing the judgment and order dated 04.01.2023 in the instant proceedings has led to restoration of the instant writ petition and recalling of the said judgment and order dated 04.01.2023. Though under Section 141 of the Code of Civil Procedure 1908, (for short, the Code), the provisions of the Code is not applicable to a proceedings under Article 226 of the Constitution, but in view of the well settled principles that the spirit of the said Code can be applied while taking into account a review proceedings, this Court on the basis of the mandate of Order XLVII, Rule 8 of the Code is to required rehear the instant writ petition or pass such other orders as may deem fit.
3. It
Promotion decisions must adhere to seniority-cum-merit principles, ensuring compliance with Articles 14 and 16 of the Constitution.
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....
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
Promotion rules of a public service entity do not require graduation for advancement when the governing rules do not explicitly mandate such qualifications, emphasizing merit and seniority.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
The importance of the position in the Select List for promotion and the prospective application of statutes.
The court upheld the Single Judge's decision, emphasizing the importance of seniority and misconduct in determining appointment validity under established legal principles.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
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