SHER SINGH AND ORS. versus SURINDER KUMAR AND ORS.

SHER SINGH AND ORS. versus SURINDER KUMAR AND ORS.

The promotion of Field Supervisors made on the basis of merit-cum-seniority instead of seniority-cum-merit was contrary to the prescribed criterion for promotion, and as the Bank failed to produce records to prove otherwise, the entire selection stood vitiated and was rightly set aside by the High Court.

Parties
Appellants: Sher Singh and Ors.; Respondents: Surinder Kumar and Ors.
Jurisdiction
India
Judgment Date
21 January 1998
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 14.1.94 of the Himachal Pradesh High Court in LPA No. 1 of 1991
Outcome
Appeal dismissed
Legal Topics
Promotion, Selection Criteria, Seniority Cum Merit, Merit Cum Seniority
Service Law Promotion Selection Criteria Seniority Cum Merit Merit Cum Seniority

Case Brief

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Parties

Sher Singh and Ors.

Appellants

Surinder Kumar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 14.1.94 of the Himachal Pradesh High Court in LPA No. 1 of 1991

Legal Issues

  1. 1 Whether the selection and promotion to the post of Field Supervisor was vitiated by not following the correct criterion of seniority-cum-merit?

Ratio Decidendi

The promotion of Field Supervisors made on the basis of merit-cum-seniority instead of seniority-cum-merit was contrary to the prescribed criterion for promotion, and as the Bank failed to produce records to prove otherwise, the entire selection stood vitiated and was rightly set aside by the High Court.

Court Disposition

Appeal dismissed

Orders

  • The Bank shall hold a fresh selection for Field Supervisor posts in accordance with seniority-cum-merit within 5 months.
  • The period for which the appellants worked as Field Supervisors under interim orders shall not count toward their seniority.