TMI Blog2001 (5) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... hat she was included as Sl. No. 15 in the select list whereas her juniors were included as Sl. Nos. 1,9,11,12,13 and 14. The respondent contended that the promotion had to be effected on the principle of seniority-cum-fitness and therefore, the placing of respondent at Sl. No. 15 for being promoted, as Research Officer was illegal. The respondent filed a Writ Petition no. 1036/96 before the High Court of Kerala. A counter affidavit was filed on behalf of the appellants herein and they admitted that the method of filling up the said post of promotion from the eligible Assistant Research Officers was seniority-cum-fitness. The learned Single Judge held that as the promotion to the post of Research Officer was to be effected on the basis of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ental Promotion Committee. The respondent in the counter affidavit filed before us has alleged that the promotion to the post of Research Officer is on the basis of seniority-cum-fitness and the relevant consideration is fitness of the candidate for appointment to the post. A comparative assessment of merit is irrelevant and cannot be made for the appointment to the post in question. Unfortunately, in this case, the appellants herein contended before the High Court that the promotion to the post of Research Officer was to be made on the principle of seniority-cum-fitness . The counter affidavit on behalf of the appellants herein mistakenly admitted this position and the relief sought for by the respondent was allowed by the learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the officers is judged to be equal and no other criterion is, therefore, available. The Court further held that such mode of selection is not violative of Article 14 of the Constitution. In State of Orissa Vs. Durga Charan Das, AIR 1966 SC 1547, the Constitution Bench of this Court held that the promotion to a selection post is not a matter of right which can be claimed merely by seniority. In Union of India Vs. Mohan Lal Kapoor 1973 (6) SCC836 at p. 856, it was held as under: For inclusion in the list, merit and suitability in all respects should be the governing consideration and that seniority should play only a secondary role. It is only when merit and suitability are roughly equal that seniority will be a determining fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e considered all relevant facts inlcuding the inter-se merit and ability of the candidates and prepared the select list on that basis. The respondent though senior in comparison to other candidates, secured a lower place in the select list, evidently because the principle of merit-cum-seniority had been applied by the Departmental Promotion Committee. The respondent has no grievance that there was any malafides on the part of the Departmental Promotion Committee. The only contention urged by the respondent is that the Departmental Promotion Committee did not follow the principle of seniority-cum-fitness . In the High Court, the appellants herein failed to point out that the promotion is in respect of a 'selection post' and the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
