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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Devashis Baruah
Probitra Sonowal S/o Bhabesh Sonowal – Appellant
Versus
Gauhati High Court – Respondent
JUDGMENT AND ORDER :
Heard Mr. S. Hoque, the learned counsel appearing on behalf of the petitioner. Mr. H. K. Das, the learned counsel appears on behalf of the respondent Nos.1 to 5 and Mr. S. Borthakur the learned counsel appears on behalf of the respondent Nos.6 to 8.
2. The petitioner has approached this Court being aggrieved by the non-selection of the petitioner to the post of LDA, Junior Administrative Assistant by the respondent Nos.4 & 5 in terms with the criteria laid down by the Assam Chief Judicial Magistrates Establishment (Ministerial) Service Rules, 1987 (for short, ‘the Rules of 1987’) whereby in terms with Rule 6 (4) (c), the criteria is seniority-cum-merit.
3. From the materials on record, it is seen that the petitioner herein was appointed as a Peon in the Office of the Chief Judicial Magistrate, Sivasagar in the year 2013 vide an order dated 14.08.2013 and he joined his services on 16.08.2013. It is the claim of the petitioner that the petitioner has been discharging his duties with sincerity and dedication and to the utmost satisfaction of the higher authorities. On 07.09.2024, pursuant to a resolution adopted by the Selection Board, the Chief Judicial Magistrate,
The court emphasized that promotions must adhere to the seniority-cum-merit principle, rejecting merit-cum-seniority as the basis for selection.
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 based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
The importance of the position in the Select List for promotion and the prospective application of statutes.
The principle of 'Merit-cum-Seniority' emphasizes merit assessment through a suitability test, allowing seniority to influence final promotions, as upheld by the Court.
(1) Incentive that was directed to be given to junior officers working as Civil Judges for promotion as District Judges solely on the basis of merit would be defeated if their seniority in cadre of D....
The court emphasized adherence to established seniority practices for promotions within the judiciary, affirming that the lack of transparency violated the principles of Articles 14 and 16 of the Con....
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