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THE HONOURABLE GAUHATI HIGH COURT AND ORS
DEVASHIS BARUAH
Jyoti Narayan Gogoi – Appellant
Versus
The Honourable Gauhati High Court – Respondent
JUDGMENT :
Heard Mrs. P. Barman, the learned counsel appearing on behalf of the petitioners. Mr. H. K. Das, the learned Standing Counsel appears on behalf of the respondent Nos.1, 2, 3 & 5. Mr. K. K. Bhattacharyya, the learned counsel appears on behalf of the respondent No.4 and Mr. R. Sarma, the learned counsel appears on behalf of the respondent Nos.6 & 7. None appears on behalf of the Respondent Nos.8 & 9 inspite of service of notice.
2. The instant writ petition has been filed by the petitioners challenging the Gradation List of the years 2017, 2018 and 2019 of the Grade-III staff in the establishment of the respondent No.5; the order dated 25.05.2018 issued by the respondent No.5 thereby promoting the respondent Nos.6 & 7 to the post of Upper Division Assistants (UDA); the Appellate order dated 11.06.2019 passed by the Gauhati High Court in its administrative side and the letter dated 15.06.2019 issued by the Registrar (Vigilance) Gauhati High Court to the respondent No.5 rejecting the Appeal petition dated 18.06.2018 filed by the petitioner No.1 and further the promotional orders issued in favour of the respondent Nos.8 & 9 dated 17.12.2019. The petitioners
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.
Seniority in public service should be established by appointment order dates, not joining dates, especially if administrative errors caused discrepancies.
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 court emphasized the significance of considering the service in the supernumerary post as part of the sanctioned strength of the post of AE(C) and highlighted the principles of seniority calculat....
The court emphasized that challenges to promotions must be timely and adhere to established rules, with a focus on legality and procedural correctness.
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 court established that seniority and promotions must be based on the date of regularization, ensuring fair treatment among employees in similar positions.
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