Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1994 HARYANA WAREHOUSING CORPORATION (OFFICERS AND STAFF) REGULATIONS |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Haryana Warehousing Corporation (officers and Staff) Regulations (0 of 1994) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | HARYANA,WAREHOUSING CORPORATION (OFFICERS AND STAFF) REGULATIONS, 1994: Regulations 6 and 8(2) - Appendix B - Clause 19 - Promotion to the post of Assistant Manager (Administration) Criterion being seniority-cum-merit - Promotion made on the basis of comparative assessment of two officers and the officer with better service record, though junior to the other, promoted - Held: In applying the principle of granting promotion on the basis of seniority-cum-merit, what is important is that the inter se seniority of all candidates who are eligible for consideration for promotion should be identified on the basis of length of service or on the basis of the seniority list as prepared, inasmuch as, it is such seniority which gives a candidate the right to be considered for promotion on the basis of seniority-cum-merit . The candidate has had to be fit to discharge the duties of the higher post and if performance was assessed not to meet such a requirement, he could be passed over and those junior to him could be promoted despite his seniority in the seniority list - The concept of "seniority-cum-merit" postulates the requirement of certain minimum merit or satisfying a benchmark previously fixed and, subject to fulfilling the said requirement, promotion is based on seniority - There is no further assessment of the comparative merits of those who fulfil such requirement of minimum merit or satisfy the benchmark previously fixed - In the instant case, there is nothing on record to indicate that the respondent was not capable of discharging his functions in the promotional post of Assistant Manager (Administration) - Since both fulfilled the requirement of minimum merit and were found suitable for promotion and since the respondent was senior to the petitioner, former was entitled to be promoted on the basis of seniority-cum-merit - Consequently, the promotion of the petitioner was liable to be set aside as was rightly done by the Division Bench of the High Court. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2011 INSC 152 |
Petitioner | Haryana State Warehousing Corporation |
Respondent | Jagat Ram & Anr. |
SCR | [2011] 2 S.C.R. 1151 |
Judgement Date | 2011-02-23 |
Case Number | 2659 |
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