Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Jahirul Islam, Son Of Late Mahabbat Ali – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner appointed as court officer. (Para 2 , 3 , 4 , 5) |
| 2. committee's findings on petitioner's seniority. (Para 6 , 7 , 8 , 9 , 10) |
| 3. petitioner's grievance on promotion consideration. (Para 12 , 13) |
| 4. promotion criteria and considerations discussed. (Para 18 , 19 , 24) |
| 5. petitioner's arguments against rule 7(4). (Para 28 , 29 , 30 , 31 , 32) |
| 6. constitutional provisions allow for judicial assessment of administrative decisions concerning promotions. (Para 36 , 42) |
| 7. final decision on petitioner's right to promotion. (Para 64 , 66) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A. Chamuah, the learned counsel appearing on behalf of the petitioner. Mr. G. Baishya, the learned Standing Counsel, Gauhati High Court appears on behalf of the respondent Nos. 2 and 3 and Mr. R. Mazumdar, the learned counsel appears on behalf of the private respondent Nos. 4 to 18.
2. The petitioner herein has approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India for quashing and/or expunging the last paragraph of his Appointment order dated 18.04.2016 whereby a condition was incorporated that the petitioner would maintain his inter se se
The court ruled that a seniority condition in the appointment of a Court Officer does not prevent the incumbent's eligibility for promotion to a higher cadre, emphasizing that merit should prevail in....
The Chief Justice has the discretion to relax qualifications for appointment to the Secretary's post, and judicial review does not permit substituting the Chief Justice's discretion unless arbitrary.
The court emphasized the fundamental right to promotion and directed the consideration of the petitioner's seniority and promotion claims after disciplinary proceedings concluded.
The allocation of vacancies and creation of posts in the High Court Establishment are matters of policy within the powers of the Chief Justice and are not subject to judicial review unless they viola....
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
