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VIPIN SANGHI, R. C. KHULBE
Hari Ram Sharma – Appellant
Versus
Chief Administrative Officer, Indian Veterinary Research Institute – Respondent
JUDGMENT
Vipin Sanghi, CJ. - This writ petition has been preferred by the petitioner, to seek quashing of the order dated 20.02.2018 passed by the Central Administrative Tribunal, Circuit Bench, Nainital, whereby the Tribunal dismissed the Transfer/Original Application No. 331/0003 of 2017, preferred by the petitioner.
2. The brief facts of the case are that the petitioner was initially appointed on the post of S.S. Grade-I, Forest Guard, on 04.02.1989 in the pay scale of Rs. 750-12-870-EB-14-490, by the order of Assistant Administrative Officer, Izzat Nagar, Bareilly, Indian Veterinary Research Institute (I.V.R.I), which is one of the wings of Indian Council for Agricultural Research (ICAR), New Delhi. Thereafter, on 05.10.1995, the Petitioner was promoted to the post of S.S. Grade-II, Forest Guard by the order of the Director, I.V.R.I, Izzat Nagar, Bareilly. Subsequently, on 15.03.1997the Petitioner was promoted to the post of S.S. Grade-III, Forest Guard, by the order of Director of the Department.
3. The petitioner further states that on 11.11.2005, a notice was issued by the Assistant Administrative Officer, I.V.R.I., Izzat Nagar, Bareilly inviting the applications from Group 'D'
The main legal point established in the judgment is the relevance of merit-based promotion, comparative assessment of candidates' qualifications and performance, and the consideration of past perform....
Promotion not a right; contingent on seniority, eligibility, vacancies; retrospective promotions exceptional without proven illegality.
The main legal point established in the judgment is that promotion decisions are based on seniority-cum-merit and the application of relevant rules, specifically the Chhattisgarh Public Service (Prom....
An individual cannot claim a promotion based on temporary assignments; promotions must adhere strictly to seniority and established rules.
The central legal point established in the judgment is the significance of seniority in promotions and the obligation to consider the senior-most person for promotion before junior employees.
The court determined that a petitioner cannot claim seniority or promote based on service from a distinct establishment due to separate seniority rules.
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