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N. UNNI KRISHNAN NAIR
Dilip Kumar Saikia S/o Late Randhar Saikia – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. A. Chamuah, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Addl. Senior Government Advocate appearing for the respondent nos. 1 to 3 and Ms. N.S. Thakuria, learned counsel appearing for the respondent nos. 4 to 7.
2. The petitioner in the present proceeding, has assailed an order dated 02.12.2019; insofar as, the promotion effected vide the same in respect of the respondent nos. 4 & 5 to the post of Senior Assistant and in respect of respondent no. 6 to the post of Accountant. The petitioner has also presented a challenge to an order dated 06.01.2020, promoting the respondent no. 6 herein, to the post of Superintendent and the respondent no. 7 to the post of Senior Assistant.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding is noted as under:
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
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....
Promotion in non-selection posts must adhere to seniority without subjective merit evaluations in the absence of unsuitability, reinforcing equality rights under the Constitution.
Promotion based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
Promotions in public service must be based on the qualifications of candidates at the time of vacancy occurrence, and not on the timing of appointments or subsequent qualifications of other candidate....
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
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