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HIGH COURT OF GAUHATI
SANJAY KUMAR MEDHI
Gunakanti Gohain – Appellant
Versus
State of Assam – Respondent
Judgment & Order :
Both the writ petitions being intrinsically connected and filed by the same petitioners, the same were analogously heard and disposed of by this common judgment and order. The grievance is on the aspect of promotion of the petitioners vis-à-vis the private respondents.
2. There is a chequered history in these cases. The petitioners were promoted to the rank of Assistant Matrons in the Health and Family Welfare Department, Government of Assam (hereinafter the Department) as per recommendation of the DPC in the year 2018. Such promotions were however the subject matter of WP(C)/3069/2018 instituted by the All Assam Graduate Nurses Association. The said writ petition was allowed by this Court vide judgment and order dated 16.11.2020 as it was noticed that such promotions were made on the basis of two Gradation Lists which had culminated in the order dated 11.04.2018. The promotions orders were accordingly interfered with a further direction that a fresh promotion exercise be made in accordance with law. The petitioners herein had assailed the said judgment in WA/25/2021 which was however dismissed vide judgment and order dated 01.02.2021. Certain other writ appeals we
The court emphasized that challenges to promotions must be timely and adhere to established rules, with a focus on legality and procedural correctness.
Challenges to promotions must be timely; belated claims may be dismissed, especially when subsequent promotions render seniority disputes moot.
The seniority for promotions in government services must be based on the order of appointment, not merely on merit lists, ensuring compliance with eligibility criteria.
Promotion decisions must adhere to principles of equality, and discrimination against eligible candidates, based on administrative failures, violate constitutional rights under Articles 14 and 16.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
The court emphasized that promotions must adhere to principles of natural justice and proper application of seniority rules, invalidating the Tribunal's decision due to lack of notice to affected par....
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
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