i 61 r C 1 IN THE HIGH COURTOF PUNJAB HARYANA AT CHANDIGARH 1 CWPNo7450 of2010 DateofDecisionl 3152011 SantoshKumari ePetitioner Versus StateofPunjab and others 1 2 CWP No 13027of2010 Singh Petitioner A Versus 31 StateofPunjabandothers 3 3 3 CWP No 12225of2010 1 JagtarSingh ePetitioner 9 Versus L StateofPunjab and others I4 U 4 CWP No6723 of2010 V Dharam Paul aPetitioner m j Versus V I StateofPunjaband others Respondents 1 5 CWP No 5578 of2010 FaqirChand 4etitioner ClO Versus StateofPunjaband others mmo Z 6 CWP No2903 of2010 Il Singh Petitioner Versus CWP No 16800of2010 C SurinderPal ePetitioner Versus StateofPunjaband others CORAMe HONBLE MRJUSTICE PERMOD KOHLL Present Mr KapilKakkar Advocate Mr RlC Arora Advocate h 1 V 40n 4r144 0 6 n OmarOervr0411 lVI Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 4 62 1 a Vr Il 17450of2010 e P r 1 Mr PuneetGuptaAddl AG Punjab il 1 1 PERMOD KOHLLJ tORALI fs In view of the identicalfactsand con of law 1 P 1 thesepetitions are being ofbythiscommon order 1 P All thepetitioners are workingin the Education of V theStateof PunjabPetitionersin CWP Nos 17450of 2010 and16723of J 3 2010 are workingas Head Masters whereasall other petitioners are 40 1 working as Lecturersin different All the petitioners are 1 9 aggrieved of their to the post of PrincipalIn some of the 1 I cases theclaims of thepetitioners havebeen solelyon the Z groundthattheydid not achievethe minimum bench marks for promotion to the postof PrincipalIt is admittedcase of thepartiesthat c I personsjuniorto the petitioners from the cadre of Head Masters as also L0 Lecturer havebeen promoted to the postof Principalhence the grievance Z ofthe petitioners in thesepetitions Cll 4t Since the legalissues decide the controversy ln 7 Z these petitionshence the facts of each case are not beingdealt with lIl ll detailS lndisputed factsare that thereare more than 1500 sanctioned postsof Principalsin Govt Schoolsin the Stateof Punjabandhundredof C postsare lyingvacant some even for a decade The had earlier expressedits inabilityto makepromotions in view ofsome directions from this Court for a considerableperiodLater the Statewas permittedto makepromotions Promotionto the postofPrincipalis govemedand reguIatedby thestatutory rules framedunderprovisoto Article 309 ofthe Constitution e nsPtol W4 as 14 e al Zn l IrelpUlVv 10n r l lc 11401r049Wr4zve4 0m Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 63 1 1 i zW 1 1 174500f2010 3 1 1 of IndianamelyPunjabEducationService6School 8lspectionroupeA 1 05 ServiceRules 2004 referredto as the 2004RulesThese rules 7 t notifled vide notificationdated 2222004 Rule 5 deals with the 1 were 4 rnethod etc and readsas underl 5e Method of and 619 to a postin the service shall be made in the manner as 1 1 1 specifled againstthatpostin Appendix B 1 1 Provided that if no suitable candidate is available for bypromotion andby direct then to the Service shall be madeby transferof a personholding a similar or an identicalpostunder a StateGovt ofGovt ofIndia A 2 No person shallbe to a postin the service unless V9 he possessesthe and as specified againstthatpost 1 in AppendixB m A 639 to the service bypromotion shall be made on A 11 0 basis but no personshall have any rightto claim J W promotion on thebasisofseniority alone 1 I Provided thatpromotion to the post of Director shall be made on basis The post of Principalisone of the postsborne on the cadre of the 2004 Rulesy virtue ofsub rule 62 ofRule 5 to a postin the service is to be made 111 accordance with the and experlence as specitledagainstthat post in AppendixB Post of Principal flnds mention at Sr No3 of Appendix93 and is equivalent to some other postsof the service These postsare to be filled up 1000 by promotion from threefeedingchannels Relevant extract from AppendixB is 6 4 nineeIrwAWemI ve r 2 9In510 7 r4aHr no Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 71 5 64 V C1 No17450of2010 4e 1 r 1 hereunder 1 t14 Sr ofthe post 1Percentage forl 11 1 No and i l by 1 for by J Promotion Direct 1Promotion 1 appoint ment 1 2 3 4 51 6 A r 3 DistrictEducationOfflcer Hundredpercent Fiftylve 1 Secondary Educationl from 7 DistrictEducationOf6cer jamongst the 1 Elementary Educationl Lecturers 3 Principal DistrictInstituteof 1working under EducationandTraining 1the control of Principal Secondary Schools Ithe Director 9 AssistantDirector Evaluation have anl Ofllcer Subject MatterExpen of I StateCouncil of Education 1working as Research8 TraininglSurvey jsuch for a A Officer DeputyCircle j minimum V period of EducationOtllcer Deputy DistrictEducationOf6cer 1 seven years A V District Science jbl Thirty SeniorLecturerSenior percent from P6 GuidanceCounsellor amongst the A Advisor Co 1Head V ordinator IMasterslMistr Educationl Offlceron Special 1esses working 1 DutyoVorksandPlanningl under the OfOceron Special Duty controlof the Scholarshil9 andCoe Director whol ordinator have anl V 1experienceofI Tl working asl such for al V nununum J period ofl U i seven years 1 iand 1 Fifteeen 11 percent from 1amongst the 1 Vocational iec S 1Mastersl MistresseS workingunder 1 en the control o the Director who have an of working as such for ai mlnunum period of seven years For purposes of the presentpetitionsonly two channels of promotion are relevantie Lecturer and Head MasterlMistress 55010of 4MW411491e1 6 ed2 111N0ro4 01240110Y04 4eWIl 416 1 Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document t 65 i0 n 1 n 45 1 9 17450of2010 5 1 I t 4 postsof Principalare to be filled up from amongsthe t 1 Lecturers workingunder the control of the Director who have an 1 of working as such for a minimum periodof 7 years whereas 1 ll 1 t 5 350Ioof such posts to be filled up from amongstthe Head are with for a minimumperiodof 7 years All the are eligiblefor such being r of requisite Theyare also under the zone of 1 0 considerationon the basis of their seniority as personsjuniorto 3 them have beenpromoted to the postof PrincipalThe petitioners have r beendenied promotiononlyon the ground of not achieving the llllnimum bench marks as prescribed under the Govt Instructions dated 682001 U Annexure I149 111 CWP Nol7450 of 2010 The relevant Govt 2m r Instructions are relied upon by the in the replyfiled in CWP I Nos 12225 12903 and 13027 of 2010 These instructionsrelateto setting L3 Z up of promotioncommittees for considering cases of m to Class4 and ClasseIIposts low GroupA and GroupB postsl n7 The extract relevant for purposes of the presentpetitionsis Z hereunder ll 44 c9 It has been decided to retain the numbering systemsof evaluationof ACRs as contained in the instructions dated 29122000 which is as under C Outstanding 4 marks Very Good 3 marks Good 2 marks Average 1 mark ARs for the last 5 years are to be taken into considerationfor promotionThe criteria for promotions will be as underl 1 The case pertainingto the promotionofHead ofDepants would be decidedstrictlyon the basisofmeritlneniority 141r10dma4alldee lmIW 161 MI elOWA 44ueeIPAIsn9 69 V 44e140v0oe IeveenImereu419Kw epIr Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 66 1 11 1 No 17450of2010 e 11 l 1 1 The minimum marksfor promotion for such postswould be 4 1 verygoodlThe marking system earlierin instructions 4 0 datedthe29 2000wouldbe followedanda minimumof 15 marks would be required to beconsideredas VeryGood The Offlcer who is graded as would the ofScergraded as VeryGod 2 For promotion to postsfallingin GroupA other than Head of themlnimum benchmark will be very goodwith A at least 12marks Amongstthosemeetings this criteria there 1 1 would be no 3 3 In the case to postsfaUing in GroupB the 0 rninimumbench mark will be Good andtherewould be no ie Promotionswouldbe madestrictlyon A m 4 For making promotion in all the thereshouldnot be V Pd anyadverseremarksin the AC12s under consideration 2 As a consequenceof this decision of the Govt the V 1 changes in the PunjabCivil Services leral and Con Conditionsof 1 Service9 Rules 1994would be made A V 3 These instructionswould be 11 Apartfrom the above instructions have heavily V J U relied upon the PunjabCivil Services General 8 Common Conditions of 1 1 ServicelRules 1994 1ereinaRerreferredto as the 1994Rules9in panicular referenceto Rules 18 and 20 thereof Rules 18 and 20 relied upon by the respondents are hereunder 4C 18 Promotion to GroupA and GroupB servicesw6l For promotion to the post as Head ofDepent would be decided strictlyon the basis as per the instructions issuedbythe Govt from time to time The minimum benchmark for promotionfor suchpostwould be Very Goodl The officer who is gradedas Outstandingwould supersede the officer gradedas VeryGood 6109For promotion to postfallingin GroupA other than Head nfDenartment the minimilm henrh mark will he Verv 41414VII1110 40 1Iel 410OPoenlr 9 ecavvr e410 nee4441e IP Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document r Y 1 67 1 1 1 cHONo174500f2010 7 1 fl Good as per the instructionsissuedbytheGovt from time to 1 time There shallbe no on the basisofmerit t 4 6c9 For promotion to postfallingin GroupB the mlnlmum 4 7 benchmarkwiII be Good and thereshallbeno on 1 thebasisofmerit Rule 20 readsas under 20 Over ridingefYecteThe provisions of these rules shall have effect to thecontrarycontainedin any rules 10 for thetimebeingin forcefor therecruitmentandconditionsof 1 service for to publicservice andpostsin connectionwith the 1 3 affairsofthe state 35 1 9 The shortgrievance of the petitioners in thesepetitions is that the service conditions of the petitioners are regulated by the 2004 Rules 0 Sub Rule 31 of RuIe 5 providesfor to the service by 5r 2 t promotionby adoptingthe rule of thoughseniority c alone cannot be basisfor promotionBaseduponaforesaidprovisionit 1S t contendedthat thepetitioners are entitled to promotion on the basisoftheir Z et seniorityexcept on account of any adverse entnes or QO Ct disciplinary etc It is furthersubmittedthat introduction of the 7 Z rninimum benchmarksfor promotionbyvirtueof Govt Instructionsdated C 62001 is totallyillegaland amounts to the statutoryrules By applyingthe instructionsthe rule of has been changed to which is in law In supponof their 4e contention the petitionershave relied upon a of this Court reported as 201021RSJ 19 titled as Ravi Dutt Mehra Dre1Vse State of Punjab others wherein the implicationof same very Govt Instructions dated62001 was considered ReIevantobservationsare as under 6 The statutoryrules e AyurvediGroup 542Service Rules 2008 clearlyprovidesfor promotionto be made on the principleof senioritycumnerit Petitioners seniorityover and above respondent no 05n IdaW94Pell M I 1016 wr4e1vVn ep I Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document jC 68 e CWNo 17450of2010 8 1 1 is not ln The expression has been Il consideredand interpreted by judicial In the 1 vanous 3 0Il case ofHwyanaStateElectricity CorpnLtd Vs Rameshwar Dass 2004 SCT 328 it hasbeenheld thatthejuniorpersoncannotbe unless is shown adverseto senior or r cire pendingagainsthim The senioritycannot be ignored the aforesaidprincipleIt is equallysettled of law that once therecruitment is bystatutoryrulesandprocedure the A criteria of lS prescribedtherein and nistraUve 1 0 instructions to the extent thestry rules are alteredied or made 3 redundant cannot be taken into consideration Admittedlythere was 9 nothingadverseagainstthepetitioner nor any or criminal or t other kind of were pendingagainsthim at the time of AA V considerationfor his promotionto the post ln The Govt m instructions dated62110 doesnot in any manner takeaway therightof V Pd the petitionerfor considerationfor promotion on the basis of senior V cumemerit If the contention of the the sozlled benchmarkis thenit amounts to changing the from 1 H to Such a recourse is in law 37 C10 The petitionershave also referredto the latest of 7 Z Honble ApexCourt reported as 2031 SCC 422 titled as HaryanaState Qm WarehousingCorporationand others Vse JagatRam and another In the aforesaid the Honble Supreme Court examined the similar 1SSUe of promotionon the basis of where an identical 6e prOVlSlOIl1e 8629framed by the HaryanaState Corporation 6Officers StafORegulations1994which is similar to Rule 5 3l of the above service rules came up for consideration Regulation8021 readsas under rc 8 All promotionsunless otherwiseprovidedshall be made on basis and seniorityalone shall not conferany rightto suchpromotions 13 Il V411 W440eJ 114011e Io I l n 0 Ie103e 10R I nv 6 1 l Aeulhtnrnomom90 O te Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 69 i 1 V 1 C4P No 174500f2010 8m 1 i theaforesaid theHonble Court 1 while earlier titled as State of MysoreVse Syed Mahmood as AIR 1968 SC 1113 B0VeSivaiah and othersVs 1 tl Addanki Babu and others 1998 61 SCC 720 1 Ke as Vse National Insurance Company Ltde reponed as 2004 P 91SCC 286 Sant Ram Sharma Vse State ofRajasthan reponed as AIR 1 9 f 1967SC 1910 Hargovind Yadav Vse Reva SidhiGramin Bank 0 0 as2006 61SCC 145 held as under 1 I Il Thereis nothingon record to indicate that JagatRam was C5 1 not ofdischarging hisfunctionsin the postofAssistant He was onlyon thegroundof Z thesuperiorassessment that had been madein favourof Ram Kumar e whichin our view nms contrwyto theconceptof C the contentions raised on behalf of the the Statehas relied upon amendedRule 18 of the 1994 Rules L Z Relianceis placedupon Clause B of Rule 18 introduced vide amendment Cll notification dated 18122001 however this amended rule was made 7 we 692001 ClauseB ofRule 18 dealswith the to Z thepostsfallingin Groul4 other than Head of the DepartmentBy virtue r of the amended Rule 18 the conceptof minimum bench marks was introduced for promotionto posts other than the Head of and the minimum bench markprovided was VeryGood as per the Govt Instructions issuedby the Govt from time to time The Rule 61rtherprovidesthat therewill be no supersession on the basis of merit The purpose for introductionofamendment in Rule 18 retrospectively from 62001 is to adoptthe Govt Instructionsdated692001 earlier issued by theGovt wherebythe conceptofminimum bench mark was 17119nqvPepr a 1 8 44 SIldlVn 41474141 IlV6 90 Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 70 1 1 ea 1 cw2No174500f2010 10e 1 P without any statutorybackingRule 60f 1994 Rules which is alsorelevantis hereunderl 6 etcm Subject to the oftheserules the number and characterof postsmethodof recruitmentandeducational and for to a postor postsin a Service andthe examinationif any shallbe suchas may be in the Service Rules madefor that service A rules were amendedvide NotificationsNo GSR 1 2001 and NoGSR171ConstIArt3091Amd 1 0 3 Vide these notifications followingamendments have been 9 introduced 1 1 The 18 December 2001 A NOGeS1Z1151ConstJArte309de 12001e V m 2 In the of the PunjabCivil Services 6General V andCommon Conditions of Service Rules 1994 for the figuressignand 70 words Class I ClassII and Class III thesignand words GroupA Group V B andGroupC shall be substituted The18 December 2001 m 11 io Theyshall be deemedto have come into force on and r V 3 witheffect from the 6 dayof 2001 19 U This rule clearlyprovides that character of post methodof ll recruitmentand educational and for to a post in a service etc shallbe as may be specified in the service rules The service rules further defined in 1994 Rules means a ClassI ClassaII C andClasseIII service constitutedin connection with the affairs of the State under Rule 26g9 of 1994Rules However theapplication of servicerules is againmade subjectto theprovisionsof 1994Rules as Rule 6 starts with the expressionsubjectto the provisionsofthese rules This means that even ln the matter of qualificationexperience and method of recruitment as may beprovidedin the service rules will againbe subject to the 1994Rules In reeIll116 1r0 44 i1 410rbll40 ll r1mvavo Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 71 1 4b CNo 17450of2010 41 addition to Rules 6 and 18 referredto above Rule 20 furthergives 1 Ile 14 effectto 1994Rules in respectto therecruitmentandconditions 1 of service for to publicservice It is aIsonoticedthat Rule 80f the 2004Rules furthermakes 1994 Rules to the extent not provided for in the J service nlles Rule 8 readsas under A 1 r 1 8 Application of the PunjabCivil Services General and 1 0 1 3 Common ConditionsofServicel Rules 199419In respectofthe matters which are not providedin theserules the members of the L 9 service shall be governedby the provisions of the PunjabCivil Services L General c Common Conditions Rules 1994 as amendedfrom V time to time 31 U Thus from theconjointreading of Rules 6 18 and 20 of the e Yo 1994 Rules and Rule 80f 2004 Rules it appearsthat in all those matters nl C1 vvherethere is no provisionin the service niles of 2004 and there is any Z provisionunder 1994 Rules 1994 Rules CCl will operateand service ruleswill remain subservientto the 1994Rules 3 Z thoughtheserules generally deal with the conditions of service It is in the Qm light of the aforesaid statutoryprovisionthe applicabilityof Govt Instructionsdated 692001 is to be construed By virtue of amendedRule 18 the conceptof minimum bench marks has been introduced and Rule 18 furtherrefers to the Govt Instructionsissued fron time to time Thus the tna Govt Instructionsissued form partofthe Rule 18 ofthe 1994Rules In thegivenscenario ofthe statutoryprovisions particularly by virtue ofRule 18 b9minimum bench mark could be providedparticularlyin absenceof any chaIlenge to Rule 18 It 1S not a case where by issuing the executive instructionssimplicitorthe statutoryrules are beingover ruled U144W 14119 4 s 1 4rVeo nel1 e l O o Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 72 111 4 C1 l J 1 174500f2010 m12m 1 or altered Whenthe in Ravi Dutt Mehras case lpra was deliveredby this Court it was not to the notice of the Court that Il Rule 18 was made wei 682001 when the Govt Instructions wereissuedand thusthevalidityof the Govt Instructionswas examined the sameto bein the realmof simplyexecutiveinstructions This was in vlew of condition no of instructionsdated 1 1 62001 which amendmentof statutory rules However in view of 0 3 the fact that amended Rule 18 itselfadopts the Govt Instructionsdated 9 612001the notiflcation dated692001 ceases to be a simplicitor executive instruction but attain the status of statutoryprovision byvirtue of amended r Z Rule 18 6bl Thus the in Ravi Dutt Mehras case lpra9does 2 tr not helpthepetitioners in the presentcase r I Even i it 1S that the Govt Instructions dated 62001 cannotbe pressed into service to introducemim benchmarks Z Rule 18 6b9is self sufficient to introducethe conceptof minimum bench 0 marksas the Rule 18 ofminimum bench mark ie VeryGood 42 Z Govt Instructionsdated68001 hasonlyintroducedgrading ofthe ACRs tl andnothingmore The minimum benchmarksare introducedbyvirtue of Rule 18b itself Even in absenceof the Govt Instructionsthe conceptof bench marks does exist under Rule 18 09e VeryGood Gradingof ne ARs is prerogative of employerand is well within its rightto adoptany grading method for introtiuction of the bench marks by Rule 1 18 I have no hesitation in sayingthat all the relevant aspectsand statutoryprovisionswere not considered while decidingthe caseofRavi Dutt Mehra Ilel11IM4VIMl l r 11 en eA15er5eIPlve ne l t 3 1 Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 73 i1 6Jn CNo 174500f2010 3 1 Il 1 The conceptof rule of has also been consideredbythe Honble Supreme Court in some in case of RajendraKumar Srivastava and others Vse Sat Kshetriya Gramin Bank and others as 2010 11SCC 335 In this case Honble Court consideredthe principle of as Il distinctfrom seniority alone and meritlmeseniority While considering the A 1 ofsenioritycurneritfollowing observationshavebeenmadel 1 3 11 Itis alsowell settled that theprincipleof senioritpcume 1 merit for promotion dierent from the principleof seniorit and lS 9 principleof Where ls on the basis of alone merit will not playany part at all But where lS H principleof not automaticwith on the lS lo seniorityalone Merit will also playa role The 3m 71 W standard method of is to subjectall the eligible candidatesin the feedergrade the prescribed educational C3 and periodof senlice to a process of assessment of a Z specUIed mznunum merit and thenpromotethe candidateswho 00 are foundto possess the muwnum merit strictlyin theorder of 7 seniorityThe minimummerit thepostmay beassessedeither Z bysubjecting the candidatesto a written examinationor an interview or by Om assessment of theirwork duringthepreviousor by a combinationofeithertwo or all the threeoftheaforesaid methods Thereis no hard andfastrule as to how the minimummerit is to be ascertainedSo longas the ultimatepromotionscire based on seniorilyany process for the minimum necessarymerit as a basic requirementwill not me militate againsttheprincipleofseniorityecum merit 13 Thus it is clear that aprocess wherebyeligiblecandidates possessingthe minimum necessary merit ln the feederposts is jirst ascertczinedand thereafterpromotionsare made strictlyin accordance with seniorityfrom amongthosewhopossess the minimumnecessary merit lS recognisedand acceptedas complyingwith theprincipleof seniority cumemerit What would oHendthe rule ofseniorityecunneritis a process 4WmIlleW4Wme4tllnlno 00 e o lln vlp 411114n 9r 94 Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 74 1 00 t1 1 17450of2010 14 whereafterassessing theminimumnecessarymerit promotions aremade 1 the basis of merit steadof seniorityfromamong the candidates 1 on 4 the minimum necessary merit If the criteria adopted for 7 assessmentofminimum necessarymerit is bonafldeand not uweasonable P it 1S not open to as beingopposed to theprincipleof CUmwmerlt We hold that mlnunum qualing marks to ascertain the minimum merit necessaryfor the functionsofthehigherpost is not violative oftheconcept by A 31 1 0 3 In case of HaryanaState Corporationlpra9 reported as 2011 91SCC 422 the Honble Mr Justice CyriacJosephwhile r concurringwith the conciusion of Honble Mr Justice Altamas Kabir V considered theprincipleof and observed m as V under t rr 22 Thus it is the settledpositionthat the criterion of V JL senlontycum4neritlS cerent from the criterion ofmeritand also 1 H the criterion of Wherethe promotionis based on senioritycumnerit the 08icercannot claim promotioncis a matter m of right by Vlrtue of his seniorityalone If he is foundunt to 7 the duties of the higherpos he may be passedover Z and an 087cerjuniorto him may bepromotedSenioracumemerit means tl that given the rninimum necessary merit required for eIciency of administration the senzor thoughless meritorious shall havepriority in the matter ofpromotionand there lS no questionof a further comparative assessment of the merit of those who were foundto have the minimum necessary merit requiredfor eBlciencyof administration G For assessingthe minimum necessary merit the competent authority can lay down the rmnunum standard that is requiredand also prescribe the mode of assessment of merit of the Such assessment can be made by assigningmarIcson the basis of appraisalof performance on the basis of servlce record and interview and prescribingthe minimum marks which would entitle a person to be considered for promotionon the basis of senioriocumnerit 2 40eeeer044W74 7 Il I aIIV14U0 c e IS r I 9 WS4 y 4 1 Il 0UI l Gupta Suruchi 2014.05.28 11: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 75 1 e f 1 1i 1 174500f2010 15m 1 1 The conceptof seniori4cummerit the of 1 certatn mlnlmum merit or a benck fued 1Il Il 1 and subjectto fulftllingthesaid is based on seniority Thereis nofurther assessment ofthe meritsof those who fuljil such of mlntmum ment or sati the benchmark previously ed On the other hand theprincipleof putsgreateremplwis on merit and ability and seniority plays a less signicantrole Seniority lS glven A weightageonly when merit and ability are more or less equal 1 1 amongthe P3 5 The aboveprinciple laid down bythe Honble