AI Overview...
- Feeder Cadre and Promotion Criteria - Main points and insights:
- Seniority alone in the feeder cadre is not always the sole criterion for promotion; suitable candidates are to be selected based on merit, meritocracy, and efficiency, especially when seniority does not identify suitable candidates (02100028414).
- The determination of suitable candidates may involve criteria laid down by management, emphasizing merit over seniority in some cases (02100028414).
- Seniority in a specific cadre is relevant for promotion decisions, but it loses importance if candidates are not suitable or available, and vacancies may be filled from eligible employees based on merit (INDMAD00000168856).
- The absence of clearly defined feeder cadre posts can complicate promotion rules, and rules should be interpreted to prevent unfair seniority claims where feeder categories are not explicitly specified (02300074518).
- Retrospective granting of seniority in higher cadres, when employees are working in another cadre, can be challenged, and seniority should generally be determined based on appointment or work in the same cadre (02700031472).
- Courts have emphasized that seniority in the feeder cadre must be considered for promotion, but this is subject to the availability of suitable candidates and the absence of arbitrary rules (02000018612).
- Past performance and seniority in the feeder cadre can be factors in promotion, but their consideration must align with prescribed rules and regulations; courts have scrutinized such considerations (00900032104).
-
The absence of specific rules defining feeder cadre posts can lead to issues in promotion and seniority claims, highlighting the importance of clear guidelines to ensure fairness (02300074518).
-
Analysis and Conclusion:
- The general principle is that promotion from a feeder cadre should prioritize suitability and merit, not solely seniority.
- Seniority remains a relevant factor but is subordinate to merit, especially when suitable candidates are unavailable.
- Clear rules and definitions regarding feeder cadres are essential to prevent disputes and ensure fair promotion practices.
- Courts support a flexible approach where merit can override seniority, provided rules are followed and criteria are transparent.
- Overall, the emphasis is on balancing seniority with merit, with the understanding that suitability and availability of candidates are crucial in promotion decisions from feeder cadres.
Search Results for "Feeder Cadre to Suitable Cadre but Not Seniority"
2002 0 Supreme(Mad) 764 • India - Madras
A.KULASEKARAN
the normal procedure challenged by filing writ petitions-Held, guide lines given by the Apex Court to be followed-On the basis of seniority ... suitable persons are not available in the feeder cadre, the vacancies were filled up from the eligible employees who possess the ... ... (b) The management may lay down suitable criteria to determine merit, suitably and efficie....
2006 0 Supreme(AP) 933 • India - Andhra Pradesh
B.PRAKASH RAO, RAMESH
Private Secretaries to the non-cadre officers posts till the existing number of non-cadre officers, from the Private Secretaries ... officers posts, of Assistant Secretaries and above upto Additional Secretaries, in proportion to their permanent cadre strength ... As there were already more than 10 non-cadre officers from the Private Secretaries category, it was decided to restrict entry of ... , subject of course to their....
2023 Supreme(Online)(MAD) 34672 • India - Madras High Court
, WHICH IS THE FEEDER CATEGORY FOR PROMOTION TO THE POST OF RANGER - SENIORITY IN THE POST OF FOREST GUARD LOSES ITS RELEVANCE ON ... seniority in another cadre. ... of Forest Guard overlooks the settled position in service jurisprudence that the services rendered in one cadre will not count for ... will not count for seniority in another c....
2022 0 Supreme(Del) 1163 • India - Delhi
VIBHU BAKHRU, AMIT MAHAJAN
The court found that the amendment was not arbitrary and did not violate the rights of the petitioners. ... did not violate the rights of the petitioners. ... Ratio Decidendi: The court held that the amendment to the rule and the creation of additional posts were not arbitrary and ... Prior to amendment in 1995, a common seniority list was maintained of officers in the feeder ....
2023 0 Supreme(Bom) 1469 • India - Bombay
NITIN JAMDAR, MANJUSHA DESHPANDE
It held that the seniority of Administrative Officers in the cadre of Education Officers was justified, and the challenge to the ... It emphasized that the seniority of Administrative Officers in the cadre of Education Officers was justified, and the amalgamation ... Seniority - Education Officers - Article 309, Maharashtra Civil Services (Regulations of Seniority) Rules, 1981 - The judg....
2010 0 Supreme(MP) 1118 • India - Madhya Pradesh
RAJENDRA MENON
Seniority in a particular cadre must be determined based on appointment or working in that cadre. ... The petitioner contends that the respondents were absorbed and granted seniority in a higher cadre post retrospectively, adversely ... Ratio Decidendi: The retrospective grant of seniority to respondents 3 to 5 in a higher cadre post, when they were working ... of Acco....
2015 0 Supreme(Jhk) 937 • India - Jharkhand
RONGON MUKHOPADHYAY
in the feeder cadre. ... Finding of the Court: The court found that the impugned order did not consider the petitioner's seniority in the feeder ... Ratio Decidendi: The court held that the petitioner's seniority in the feeder cadre should be considered for promotion, and ... While rejecting the contention of the petitioner that in view of his #HL_S....
2010 0 Supreme(Cal) 1017 • India - Calcutta
PRANAB KUMAR CHATTOPADHYAY, SYAMAL KANTI CHAKRABARTI
The PSC's consideration of past performance and seniority in the feeder cadre, as reflected in the ACRs, was not permissible under ... Whether the PSC could consider past performance and seniority in the feeder cadre when selecting candidates for promotion to Jt. ... Finding of the Court: The Court held that the PSC's consideration of past performance and se....
1998 0 Supreme(Gau) 263 • India - Gauhati
A.K.PATNAIK
in the feeder cadre? ... preference recommended by the Selection Board on the ground that the respondent was senior to the petitioner in the feeder cadre ... cadre of candidates the seniority of candidates warranted that the senior candidates be placed above the junior candidates in the ... Seniority : (1) The inter-se seniority of the existing employe....
2019 0 Supreme(P&H) 2194 • India - Punjab and Haryana
ARUN MONGA
The court emphasized that the rules did not define feeder cadre posts for the promotion and that the memo was rightly issued to avoid ... The court emphasized the absence of defined feeder cadre posts for promotion and the unfairness of giving seniority to candidates ... The court emphasized the absence of defined feeder cadre posts for promotion and t....
Filter by Legal Phrase
