HARYANA WAREHOUSING CORPORATION versus JAGAT RAM & ANR.

HARYANA WAREHOUSING CORPORATION versus JAGAT RAM & ANR.

Promotion on the basis of seniority-cum-merit requires that, after establishing minimum prescribed merit, promotions must proceed according to seniority among eligible and suitable candidates. Comparative assessment of service records of those who already meet the minimum standard is not permitted. The promotion of the junior officer on the sole basis of superior meritorious record, where the senior was also found suitable, is contrary to the principle of seniority-cum-merit under the applicable Regulations.

Parties
Petitioner: Haryana State Warehousing Corporation; Respondent: Jagat Ram; Petitioner in SLP (c) No. 451 of 2011 / Respondent No.3 Before High Court: Ram Kumar
Jurisdiction
India
Judgment Date
23 February 2011
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on SLP From Division Bench Judgment of Punjab & Haryana High Court
Outcome
Special Leave Petitions dismissed.
Legal Topics
Promotion, Seniority Cum Merit, Interpretation of Service Regulations
Service Law Promotion Seniority Cum Merit Interpretation of Service Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Haryana State Warehousing Corporation

Petitioner

Jagat Ram

Respondent

Ram Kumar

Petitioner in SLP (c) No. 451 of 2011 / Respondent No.3 Before High Court

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on SLP From Division Bench Judgment of Punjab & Haryana High Court

Legal Issues

  1. 1 Whether the promotion to Assistant Manager (Administration) in Haryana State Warehousing Corporation should be based on the criterion of seniority-cum-merit or merit-cum-seniority as per applicable Regulations?
  2. 2 Whether comparative assessment between eligible candidates is permissible under the principle of seniority-cum-merit?

Ratio Decidendi

Promotion on the basis of seniority-cum-merit requires that, after establishing minimum prescribed merit, promotions must proceed according to seniority among eligible and suitable candidates. Comparative assessment of service records of those who already meet the minimum standard is not permitted. The promotion of the junior officer on the sole basis of superior meritorious record, where the senior was also found suitable, is contrary to the principle of seniority-cum-merit under the applicable Regulations.

Court Disposition

Special Leave Petitions dismissed.

Orders

  • Promotion of Ram Kumar as Assistant Manager (Administration) set aside.
  • Exercise for promotion to the post of Assistant Manager (Administration) to be conducted afresh in accordance with the applicable Regulations.