DHARMENDRA KUMAR SINGH & ORS. versus THE HON’BLE HIGH COURT OF JHARKHAND & ORS.

DHARMENDRA KUMAR SINGH & ORS. versus THE HON’BLE HIGH COURT OF JHARKHAND & ORS.

Since the appellants had qualified the prescribed suitability test (minimum 40 marks), they could not be denied promotion merely because their placement in a merit list was lower; they are entitled to notional promotion from the date other officers on the select list were appointed and to consequential service benefits (seniority, increments, notional pay fixation) but not back wages.

Parties
Appellants: Dharmendra Kumar Singh & Ors.; Respondents: The Hon’ble High Court of Jharkhand & Ors.
Jurisdiction
India
Judgment Date
14 January 2025
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Order Dated 29.06.2022
Outcome
Appeal allowed
Legal Topics
Promotion, Civil Judges (senior Division), Jharkhand Superior Judicial Service, Suitability Test, Merit Cum Seniority, Notional Promotion, Seniority
Judiciary Superior Judiciary Promotion/appointment Service Law Promotion Civil Judges (senior Division) Jharkhand Superior Judicial Service Suitability Test +3 more

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Parties

Dharmendra Kumar Singh & Ors.

Appellants

The Hon’ble High Court of Jharkhand & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Order Dated 29.06.2022

Legal Issues

  1. 1 Whether candidates who qualify the suitability test for the 65% promotional quota can be denied promotion solely on the basis of lower placement in a comparative merit list
  2. 2 Whether appellants who later received promotion are entitled to notional promotion and consequential seniority and service benefits from the date of promotion of those on the select list

Ratio Decidendi

Since the appellants had qualified the prescribed suitability test (minimum 40 marks), they could not be denied promotion merely because their placement in a merit list was lower; they are entitled to notional promotion from the date other officers on the select list were appointed and to consequential service benefits (seniority, increments, notional pay fixation) but not back wages.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court dated 29.06.2022 set aside
  • Appellants entitled to notional promotion from the date other officers were promoted to the post of District Judge in terms of notification dated 30.05.2019