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MANISH CHOUDHURY
Rabindra Nath Barman, S/o. Late Jogananda Barman – Appellant
Versus
Gauhati High Court, through the Registrar General, Gauhati High Court, Guwahati – Respondent
JUDGMENT :
(Manish Choudhury, J.)
1. In this writ petition preferred by the writ petitioner under Article 226 of the Constitution of India, the writ petitioner has highlighted his grievances regarding non-fixation of his seniority position as well as non-fixation of his inter se seniority position in the cadre of Deputy Registrar for a period of about twenty-twenty two years till about his retirement from service on reaching the age of superannuation. The petitioner’s condition of service used to be regulated by the Gauhati High Court Services [Appointment, Conditions of Service and Conduct] Rules, 1967. The petitioner joined service on 08.09.1990 and his date of retirement from service on reaching the age of superannuation of 60 years is 30.09.2024. In this writ petition, the petitioner highlighted about his service of more than twenty-twenty two years in the post/cadre of Deputy Registrar from 12.08.2002 to 30.09.2024 and his stagnation therein whereas there were a nos. of promotions from the post/cadre of Deputy Registrar to the next higher posts/cadres of officers whose inter se seniority positions, according to the petitioner, ought to have been below him, as they were juniors
The court emphasized the fundamental right to promotion and directed the consideration of the petitioner's seniority and promotion claims after disciplinary proceedings concluded.
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Promotion in non-selection posts must adhere to seniority without subjective merit evaluations in the absence of unsuitability, reinforcing equality rights under the Constitution.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
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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