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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Abhijit Paul, S/o - Subhas Chandra Paul – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary, judicial Department, Govt. Of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. B.P. Borah, the learned counsel appearing on behalf of the petitioner. Mr. J.K. Goswami, the learned Government Advocate appears on behalf of the respondent No. 1; Mr. G. Baishya, the learned Senior Counsel as well as the Standing Counsel for the Gauhati High Court assisted by Ms. D. Bora, the learned counsel appears on behalf of the respondent Nos. 2 to 5 and Mr. J. Singh, the learned counsel appears on behalf of the respondent No. 6.
2. The present writ petition has been filed by the petitioner assailing the order dated 02.07.2025 issued by the District and Sessions Judge, Nagaon, whereby the respondent No. 6 was promoted to the post of Senior Administrative Assistant (SAA). It is the specific case of the petitioner that the criterion for promotion from the post of Junior Administrative Assistant to Senior Administrative Assistant is seniority-cum-merit and that the impugned order which has been passed is contrary to the settled principles laid down by the Supreme Court with regard to the said criterion.
3. The brief facts which led to the filing of the present writ petition are that the petitioner was appointed as a Computer Typist against th
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 emphasized that promotions must adhere to the seniority-cum-merit principle, rejecting merit-cum-seniority as the basis for selection.
Promotion based on merit must be prioritized over seniority, requiring a comparative assessment of candidates' qualifications and service records.
Promotion decisions must adhere to seniority-cum-merit principles, ensuring compliance with Articles 14 and 16 of the Constitution.
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
The principle of 'Merit-cum-Seniority' emphasizes merit assessment through a suitability test, allowing seniority to influence final promotions, as upheld by the Court.
Promotion from Class-IV to Junior Assistant follows seniority-cum-merit among those qualifying typing test at 30+ wpm; higher speeds do not justify superseding seniors absent rule prescription.
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