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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
M.Devimeena – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. promotion eligibility based on guidelines. (Para 1 , 3 , 6) |
| 2. contentions regarding promotion process. (Para 2 , 4 , 5) |
| 3. analysis of office memorandum applicability. (Para 7 , 8 , 9) |
| 4. tribunal order's validity affirmed. (Para 10) |
ORDER :
(Order of the Court was made by C.V.KARTHIKEYAN, J.
Both the Writ Petitions have been filed by the applicants before the Central Administrative Tribunal aggrieved by the orders dated 21.07.2010 in O.A.No. 8 of 2009 (W.P.No. 3692 of 2011) and in O.A.No. 1075 of 2009 (W.P.No. 3693 of 2011).
2. In view of the fact that the issue raised in both the Writ Petitions are similar and common arguments have been advanced raising the same grounds, a common order is passed in the two Writ Petitions.
3. The petitioners were working as Senior Tax Assistant, who claimed to be eligible to be considered for promotion to the post of Inspector of Central Excise. It had been contended that the post of Inspector of Central Excise should be filled by promotion on the basis of suitability following the principles as stipulated in O.M.No. 35034/7/97 ESTT dated 08.02.2002 and by O.M.No. 35034/7/97 ESTT dated 15.09.2005. It was contended that while granting p
Promotion criteria require a performance-based assessment over mere seniority, reflecting a shift towards merit-based evaluations in the public service.
DOP&T OMs on junior/senior clause under Article 73 have statutory force, binding as relaxations despite unamended rules; governmental inaction cannot invalidate prior promotions protecting seniors.
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
No fundamental right to retrospective promotion; employees have only right to be considered. Departmental delay in holding DPC does not entitle eligible candidates to antedated promotions via review ....
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
Eligibility for promotion is distinct from seniority; mandatory qualifying service on feeder post must be completed, irrespective of overall cadre seniority or transfer conditions placing employee ju....
The promotion of employees must align with updated recruitment rules following cadre restructuring, protecting their interests in a fair promotion process.
DPC has the authority to set a minimum benchmark for promotion criteria, balancing seniority and merit, as long as it does not conflict with statutory provisions.
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