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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI
Minakanta Das S/o Late Ananda Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
Heard Shri G. Jalan, learned counsel for the petitioner. Also heard Shri N.Upadhyay, learned Standing Counsel, Irrigation Department.
2. The instant writ petition has been filed with the following relief.
Promotion eligibility under service rules must be adhered to, but challenges may be dismissed if the respondent has retired or is nearing retirement.
The court ruled that despite the lack of formal regularization, practical circumstances warrant consideration for promotion based on long service and the failure of authorities to follow proper proce....
The importance of the position in the Select List for promotion and the prospective application of statutes.
Promotion decisions must adhere to seniority-cum-merit principles, ensuring compliance with Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that employees holding personal posts are not entitled to be considered for promotion to the next higher cadre, as per The Assam Ministerial Distri....
Regularization - Promotion from a person holding an ex-cadre post was not legally tenable - When regularization order itself stipulates that they are regularized in posts personal to them. Such tempo....
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.
Promotion from Record Assistant to Junior Assistant, though irregular, was not illegal as it was made after completing the necessary service and there was a sanctioned post available. The period of c....
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