SHRIRAM TOMAR AND ANOTHER ETC. versus PRAVEEN KUMAR JAGGI AND OTHERS

SHRIRAM TOMAR AND ANOTHER ETC. versus PRAVEEN KUMAR JAGGI AND OTHERS

Fixing minimum qualifying marks for interview and performance appraisal in addition to minimum marks in written test for purposes of promotion by seniority-cum-merit is not violative of the principle of seniority-cum-merit; after candidates meet minimum merit thresholds, promotion is to be based on order of seniority.

Parties
Appellant: Shriram Tomar and Another etc.; Respondent: Praveen Kumar Jaggi and Others
Jurisdiction
India
Judgment Date
09 April 2019
Procedural Posture
Civil Appeal / Final Decision (appeal From Division Bench Judgment)
Outcome
Appeals allowed; judgments/orders of Single Judge and Division Bench of High Court quashed and set aside.
Legal Topics
Promotion, Seniority Cum Merit, Benchmark Qualifying Marks, Regional Rural Banks Rules, 1998
Service Law Promotion Seniority Cum Merit Benchmark Qualifying Marks Regional Rural Banks Rules, 1998

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Parties

Shriram Tomar and Another etc.

Appellant

Praveen Kumar Jaggi and Others

Respondent

Procedural Posture

Civil Appeal / Final Decision (appeal From Division Bench Judgment)

Legal Issues

  1. 1 Whether fixing minimum qualifying marks for interview and performance appraisal violates seniority-cum-merit principle for promotion to Junior Management Scale II
  2. 2 Whether administrative instructions for benchmark marks are permissible under the Rules

Ratio Decidendi

Fixing minimum qualifying marks for interview and performance appraisal in addition to minimum marks in written test for purposes of promotion by seniority-cum-merit is not violative of the principle of seniority-cum-merit; after candidates meet minimum merit thresholds, promotion is to be based on order of seniority.

Court Disposition

Appeals allowed; judgments/orders of Single Judge and Division Bench of High Court quashed and set aside.

Orders

  • Respondent-authority directed to prepare a fresh select list for promotion to Junior Management Scale II and consider candidates who secured minimum 40% marks in written test and minimum 12 marks each out of 20 in interview and performance appraisal; those candidates to be promoted in order of seniority,...
  • No order as to costs.