- 2025 Supreme(Sikk) 115

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Sikk) 115

THE HIGH COURT OF SIKKIM : GANGTOK

Table of Content
1. dispute over promotional avenues and classification differences in government service. (Para 1 , 2 , 3)
2. applicability of specific service-related rules and mandated educational requirements for promotion. (Para 4 , 5 , 6)
3. validity of educational qualifications for job classification and adequacy of acp schemes as stagnation relief. (Para 7 , 8)
4. final determination that service rules are binding and the petition lacks merit. (Para 9 , 10 , 11)

JUDGMENT :

Meenakshi Madan Rai, J.

1. The Petitioners were employed in the Respondent No.2, Department, of the Respondent No.1 (State of Sikkim), having been appointed variously through the years 1985 to 2012 as 'Mali(s)'. They are aggrieved by the fact that, although they have completed about eight to thirty-five years of service, in the same post (depending on their date of appointment), no promotional avenues are afforded to them whatsoever, while at the same time, persons in the posts of Field Assistants, which are posts equivalent to that of 'Mali', held by the Petitioners, and discharging similar duties have been promoted as Lower Division Clerks (LDC). They inter alia seek the following reliefs;

(i) Rule upon the Re