9911796707
|
Home
Issues involved:
The issue involves the promotion of an Assistant Research Officer to the position of Research Officer based on the principles of seniority-cum-fitness versus merit-cum-seniority. Summary: The respondent, an Assistant Research Officer, challenged her promotion as Research Officer based on being placed at Sl. No. 15 in the select list despite seniority. The High Court allowed her writ petition, but the appellants contended that promotion to a 'selection post' like Research Officer should be based on merit-cum-seniority as per recruitment rules. The respondent argued for seniority-cum-fitness, but the appellants later produced amended rules showing the promotion was indeed based on merit-cum-seniority. The Supreme Court cited precedents emphasizing that promotion to selection posts should primarily consider merit over seniority alone. The Court clarified that the Departmental Promotion Committee applied the correct principle of merit-cum-seniority in selecting candidates for promotion to Research Officer. The respondent's grievance was based on the incorrect application of seniority-cum-fitness, which was not the relevant criterion for the 'selection post' in question. The Court highlighted that mistaken contentions made in lower courts regarding the promotion criteria do not bind the correct application of rules. Ultimately, the Court upheld the promotion based on merit-cum-seniority, dismissing the respondent's writ petition and appeal.
|
