71 1t 11 r cr IN THE HIGH CHANDIGARH Date ofDecisionl3152011 1 CWP Petitioner C SantoshKumari Versus StateofPunjab andothers 11 2 CWPN 13027of2010 1 i ewPetitioner Singh 1 A Versus 1 r 3 StateofPunjab andothers 1 3 3e CWPNo122250f2010 Petitioner I JagtarSingh 9 Versus L StateofPunjaband others A 444 5 CWPNo16723of2010 7 4 r 4Oetitioner V DharamPaul m C Versus e I StateofPunjaband others Respondents Cm3 5 CWP No5578of2010 Z vPetitioner FaqirChand CQ Versus vm Z CWP No 12903of2010 tl Singh Petitioner Versus StateofPunjaband others Se 7 CWP No 16800of2010 C SurinderPal Petitioner Versus StateofPunjaband others CORAM HONBLE MRJUSTICE PERMOD KOHLI Presentl Mr KapilKakkar Advocate Mr RlC Arora Advocate 4r 9144nmr eh 18 eee Pl6 1e5ewnnemevn ere vaeev Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document i 1 72 1 1 17450of2010 2 l0 Mr Puneet GuptaAddl AG Punjab 1 17 4SS PERMODKOHLIJ IORALI Il 111 ofthe identicalfactsand con of law 1 In view 01 r All the petitioners are in the Education of m of PunjabPetitionersin CWP Nos 17450of 2010and16723of 0 the 2010 are working HeadMasters whereasall other are 0 as 0 working Lecturersin different All the are as 0 of their to the post of PrincipalIn someof the I ofthe have been solelyon the 1 casesthe claims Z ground that did not achievethe minimum benchmarksfor of the partiesthat to the postof PrincipalIt is admittedcase 0 thepetitioners from the cadreof Head Masters as also personsjuniorto Lecturerhave been to the postof Principalhence the grievance Z of thepetitioners in thesepetitions OO Sincethelegal1SSues decidethe controversy111 7 Z thesepetitionshence the facts of each case are not beingdealt with in ll details facts are that there are more than 1500 sanctioned postsof Principalsin Govt Schools in the Stateof Punjaband hundredof C postsare lyingvacant some even for a decade The had earlierexpressed its inabilityto makepromotions in view of some directions from this Court for a considerableperiodLater the State was permitted to makepromotions Promotion to the postofPrincipalis govemedand regulatedby the statutoryrules framedunder provisoto Article 309 ofthe Constitution mee A44 4 n ewWen1ewwm nwewrw Werrm010e4e4 r a pweeme44mY4M40 4 1 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 73 5 11 11 CWP 174500f2010 3m 4 of India namely EducationService GroupeA Ir ServiceRules referredto as the2004 Rules9Theserules t vide notificationdated22122004 Rule 5 deals with the 1 were I j t method etc andreadsas underl i of and experience r 5eMethod V 6O to a postin the serviceshall be madein the manner as t 1 1 againstthatpostin Appendix B 1 0 3 Provided that if no suitable candidate 1S available for 1 1 bypromotion and by direct then appointment to 5 appointment 1 the Service shall be madebytransferof a personholdinga similar or an Z identicalpostunder a StateGovt ofGovt ofIndia 629 No person shall be to a postin the serviceunless rl I4 he the and as specified againstthat post I CO in AppendixB Z 31 to the servicebypromotion shall be made on OQ basis but no person shall have any rightto claim mm5 Z on the basisofseniority alone Providedthat promotion to the postof Director shall be made on basis2 The postof Principallsone of the postsborne on the cadreof C the2004Rules By virtue ofsub rule o2 ofRule 5 appointment to a post in the service is to be made in accordance with the and experience as specifiedagainstthat postin AppendixB Post of Principal finds mention at Sr No of AppendixB and is equivalent to some other postsof the service These postsare to be flIled up 100010by promotion from threefeedingchannels Relevant extract from AppendixB is e 1 r 0m11w4nml r re 44I04491aSl4010440 Il eSdIr1 1 m 9 4V49W 48161 v 1 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 74 r Cl S 17450of2010 e4a l hereunderl 1 t Sre ofthe post for No and 1 by for Ie n l 141 nl by Direct Promotion Direct appoint ment 1 2 3 4 57 6 1 r 3 DistrictEduchtionOfflcer Hundredpercent a1 Fifty4lve 1 Secondary Educationl percent from DistrictEducationOftlcer iamongst the 0 Educationl 1Lecturers 3 Principal DistrictInstituteof working under EducationandTraining Ithecontrolof PrincipalSecondary Schools jthe Director Il Assistant Director Evaluation who have an l OftlcerSubject Maner Expert 1experience of StateCouncil ofEducation 1Working as Research8 TraininglSunrey such for a Ofllcer DeputyCircle Iminimum V of EducationOftlcerDeputy H DistrictEducationOfficer DistrictScience 1bl Thirty W SeniorLecturer Senior percent from 10 GuidanceCounsellor amongst the Advisor Coe Head ordinator Population 1MasterslMistr 1 EducationOfflceron Special 1esses working 0 DutyoVorksandPlanningl the Ofllceron Special Duty of the Scholarshipl andCoe iDirector who ordinator 4 01 1 ofl working as such for a P t1 vmo rmnmum Z period ofI i seven years iand 4 e 11clFifteeen 1percent from 1 1amongst the 1 1 Vocational 1e 1Mastersl 4 Mistresses workingunder eme the control ofi the Director who have an experienceofl working asj such for a mlnunum period of seven years For purposes of the presentpetitionsonly two channels of promotion are relevantie Lecturer and Head MasterlMistress 550Ioof 4 S94e4Ppmn Vw IWrel I VWInl bl l a elnvw 0InA99rm0VWlel It i Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 f 1 75 1 1 e5 1 7 0 17450of2010 5e postsof Principalare to be filledup from amongstthe 1e Lecturers under the control of the Director who have an 1 expenence ofworkingas such for a minimumperiodof 7 years whereas 35010of such postsare to be filled up from amongstthe Head 1 4 with for a minimumperiodof7 years All the are for such being 7 also under the zone of of requisite They are 1 3 on the basis of their seniority as personsjuniorto 0 I them have been to the postof PrincipalThe have 0 been deniedpromotiononlyon the ground of not achievingtheminimum bench marks as under the Govt Instructions dated 692001 Z P141 111 CWP No7450 of 2010 The relevant Govt 0 IrLstructions are reliedupon by the in the replyfiled in CWP I Nos 1222512903and 13027of 2010 These instructionsrelateto seUing r Z up of promotioncommittees for consideringcases of 8 to ClasseI and ClasseII posts low GroupA and GroupB posts 4 C0 1 3 The extract relevant for purposes of the presentpetitionsis Z t hereunderl 1 tl 1 44 6c9It has been decided to retain the numbering systemsOf rr 1 evaluation of ARs as contained lll the instructions dated 2922000 1 which is as underl 1 Outstanding 4 marlcs Very Good 3 marks Good 2 marks Average 1 mark A CRs for the last 5 yearsare to be taken into considerationfor promotionThe criteriafor promotions will be as underl 1 The case pertaining to thepromotionofHead ofDepartments would be decided strictlyon the basis mMP4 SWO4 UOvl Ie 9OV4 e4499m99r40 4a 1 1 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document t 76 Il J 1 cvNo m 1 11 17450of2010 i 1 I l l1 Il verygood j1 the29 2000wouldbefollowedanda minimumof 15 t be required to be consideredas Vely Good The 1 marks r officergraded as VeryGood i 1 For to postsfallingin GroupA other than Headof 2 the benchmarkwill be very goodwith A those thiscriteria there atleast 12markS 1 t 3 wouldbe no supersesston 3 Inthe case to postsfallingin GroupB the 3 1 benchmarkwill be C90odandtherewouldbe no 9 r3 Le Promotionswould be madestrictlyon t1 e V 1 H Formaking in all the thereshouldnot be A 4 V e anyadverseremarksin the ACRs underconsideration 1 2 Asa of this decisionof the Govt the appropriate changes in the Civil Services eneralandCommon Conditionsof Rules 1994wouldbe made 3 These instructionswould be 00 from the above instructions have heavily 7 0 Z relied upon the Civil Services Generalc Common Conditionsof Qm 1994 referredto as the 1994Rules9in Service Rules to Rules 18 and 20 thereof Rules 18 and 20 relied upon by the t 11 are hereunder 11 4 1 41 18 Promotionto GroupA and GroupB 9For ee to thepostas Head ofDeparment would be decided i strictly on the basis as per the instructionsissuedby theGovt from time to time The minimumbenchmark for promotionfor such postwould be VeryGood The officer who is gradedas Outstanding would supersede the officer gradedas VeryGood 6b9 For promotionto postfallingin GroupA otherthan Head nfTlenartment the minimllm hench mark will he Verv 1 e11 1 1w n nnraemWIVI aar4nWarvemrmwrr J 1 1 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 41 77 1n 1 a m cWPNo 17450of2010 fromtime to 4 time 1 4 cI For to Ist llingiiroup B j 4 markwill be Good andthereshallbe no supersesslon on 14 01 thebasisofmerit 11 e 6 1 tl Rule20 readsas under lnt of these rules shall 1 ridingelTecteThe provisions 1 20 Over haveeffect ng to thecontrarycontainedin any rules andconditionsof 9 P0 for thetime in forcefor the with the Il 1 andpostsin 1 servicefor to publicservice 0 1 3 affairsofthe state 13 1 1 grievance of the in thesepetitions is that 5 The 1 theservice conditions of the are by the 2004 Rules Z Sub Rule 31 of Rule 5 provides for to the service by by the rule of thoughseniority for Baseduponaforesaidprovisionit is alonecannot be basis L contendedhatthepetitioners are entitledto On thebaSS Of h Z except on account of any adverse entries or r10 etc It is 8irther submhtedthat introductionof the m Z benchmarksfor byvinue of Govt Instructionsdated rninimum 62001 the instructionsthe rule of has been changed to which is in laWeIn supportof their 1 mm contention the have relied l43on a of this Court reported as 20101 RSJ 19 titled as Ravi Dutt Mehra G3r0Vs State of Sc others wherein the implication of same very Govt Instructions dated692001 was considered Relevant observationsare as underl 6 Thestry rules ie Ayurvedic roup A Senlice Rules2008 clearly providesfor promotionto be made on the principleof Petitioners seniorityover and above no WIl1141 e41e1444 0 rVner0 4 Ve bv 4I 41 r Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 78 1l 1 nJ 1 CWFNo 17450of2010 8 1 The expresston has been is not ln l In the 1j and byvanous I l ofHaryanaStateElectricity CorpnLtd Vs Reshwar been heldthat thejuniorpersoncannot be 1 Dass2001 641SCT 328 it has 1 unless is shown adverseto senior or cannot be 1 are againsthim The the aforesaid principleIt is settled of law therecniitmentis bystatutoryrulesand the that once 11 P therein and administlative criteria of lS 1 0 instructions to the extent thestatutoryrules are or made 3 cannot be taken into consideration ttedlythere was adverseagainstthepetitioner nor any disciplinary or criminal or 1 againsthim at the time of 1 I other kind of were for his to the post ln The Govt Z doesnot in any manner takeaway the rightof 1 instructionsdated62110 1 12 the petitionerforconsiderationfor on the basis of senioritya 0 cumemerit Ifthe contention of the the soecalled I then it amounts to changingthe from benchmarkis Z to Such a recourse ls in law 75 OO The have also referredto the latest of W2 Z Honble Apex Court as 201101SCC 422 titled as HaryanaState tl Warehousing and others Vse JagatRam and another In the the Honble Supreme Court examinedthe similar 1SSue ofpromotion on the basis of where an identical 4ee proVlSlOn 1e 829 framed by the HaryanaStateWarehousing 6Officers8e StafORegulations1994which is similar to Rule 5 3 of the above service rules came up for consideration Regulation8c29 readsas under Ir 29 All promotions unless otherwise providedshall be made on basis and seniorityalone shall not conferany rightto suchpromotions 33 b 4nee41 099Il8WW01W Insn Irrv V144P41144WPle94WWWVrmamPP Iv 4 1 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document I l 4 79 1 mdl CWPNo 17450of2010 8e while followingearlier titled as State of MysoreVse Syed as AIR 1968SC 1113 BeVeSivaiah and othersVse 1 Mahmood ol jlIj AddankiBabu and others 8s 1998 SCC 720 11 Ke 1 Vse NationalInsurance CompanyLtde as 2004 1 91 SCC286 Sant Ram SharmaVse State ofRajasthan as AIR C 1967 SC 1910 Hargovind Yadav VseReva Sidhi Gramin Bank 0 0 as2006 61SCC 145 he1das under1 I Cl There is on record to indicate that JagatRam was 1 0 of discharging hisfunctionsin the postofAssistant not He was onlyon thegroundof Z thesuperiorassessmentthat had been made in favourof Ram Kumar whichin our view runs contrwyto theconcept n r the contentions raised on behalf of the the Statehas relied upon amendedRule 18 of the 1994 Rules L Z Reliance is upon Clause B of Rule 18 introducedvide amendment CQ notiOcation dated 18122001however this amendedrule was made ma we 682001 Clause B ofRule 18 dealswith the to Z thepostsfallingin GroupmA other than Head ofthe By virtue ll of the amended Rule 18 the conceptof minimum bench marks was introduced for promotionto GroupApostsother than the Head of Depent and the minimum bench mark provided was VeryGood as per the Govt Instructions issued by the Govt from time to time The Rule further providesthat there will be no on the basis of merit The purpose for introductionof amendmentin Rule 18 retrospectively from 62001 is to adoptthe Govt lnstructionsdated682001 earlier issuedby the Govt wherebythe conceptofminimum bench mark was 11 ehAveemAvee em 41044 d M9SWr W91 0 4 0 v94 0SIv 414p4n41 40A4p9We V 81 4 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document I l 11 80 j 1 1 a4J 1 1i CWNo 17450of2010 e10 i1 1 introduced withoutany statutorybackingRule 60f 1994Rules which is 4 1 t 11 alsorelevantis hereunderl I l il 1 t 6 etceeSubject to theprovisions of theserules 1 1 of postsmethodof recruitmentand educational 1 the number and character and for to a postor postsin a Service 1 andthe examination if any shallbesuchas may be specified in the ServiceRulesmadefor that service 1 t Originalrules were amended vide Notifications No GS7 t 1 t 3 2001 and NoGS1171ConstJAn3091Amd 1 1 1 0 Vide these notifications followingamendments have been 1 t5 introduced I The 18 December 2001 er NOGSRe1151ConstJArte309de 12001 1 Z 2 In the preamble of the PunjabCivil Services General 1 andCommon Conditions of Service 1Rules 1994 for the figuressignand words Class I Class II and Class III the signandwords GroupA Group I B and GroupC shall besubstituted t The 18 December 2001 Z NoeGeSR01171Conste3091Amde QO 6ii9 Theyshall be deemed to have comeinto force on and 7 with effect from the 6 day 2001 31 Z tl This rule clearlyprovidesthat character of post method of recruitment and educational ld for to a post in a servlce etc shall be as may be specifled in the service rules The service rules further defined lll 1994 Rules means a Class ClassI C and ClassaIII service constitutedin connection with the affairs of the State under Rule 26g9of 1994Rules However the application of service rules is againmadesubjectto theprovisionsof 1994Rules as Rule 6 starts with the expression subjectto the provisionsofthese rules This means that even 111the matter of qualiflcationexperience and methodof recruitment as may be providedin the service rules will againbe subjectto the 1994 Rules In A 4mrewm4b 9 0 A4ra4AU4rame4 p eeI4e1n14109W4mw Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 81 e 1 e11 CWPNo 17450of2010 additionto Rules 6 and 18 referredto above Rule 20 further gives 1 1 effectto 1994Rules in respectto therecruitmentandconditions 1 4 t 1 of servicefor to publicservice It is also that Rule 80f the 2004Rules lrther makes 2 6 to the extent not provided for in the 6 1994 Rules Y servicerules Rule 8 readsas under 70 of the PunjabCivil Services eneral and 1 8e 0 Conditions of ServicelRules 1994e In respectof the matters 0 I which are not provided in theserules the membersof the C serviceshall be by the provisions of the PunjabCivil Services I Common Conditions of ServicelRules 1994 as amendedSom timeto time 35 Z fromthe conjointreading of Rules 6 18 and 20 of the Thus l 1994Rules andRule 80f 2004 Rules it appearsthat in all those matters I t wherethere is no provisionin the service rules of 2004 and there is any Z provisionunder 1994 Rules 1994 Rules QO will operateand service rules will remainsubservientto the 1994 Rules m Z theserules generally dealwith the conditionsofservice It is in the lightof the aforesaid statutoryprovisionthe applicabilityof Govt Instructions dated692001 is to be construed By virtue of amendedRule 18 theconceptof minimum bench marks has been introduced and Rule 18 furtherrefers to theCt Instructionsissuedfroptimeto time Thus the G Govt Instructionsissued form partofthe Rule 18ofthe 1994Rules In thegivenscenarioofthe statutoryprovisionsparticularly by virtue ofRule 18 001minimum benchmark could be providedparticularly in absence ofany challengeto Rule 18 001 It is not a case where by issuing the executive instructions simplicitorthe statutoryrules are beingover ruled qrweeemvee O 5v1 116 lre v 4494M4eYeWmMmbhelpr nv n nF Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 82 r r t 43 4 CWPNo17450of2010 12 1 1 1 alteredWhen the in RaviDutt Mehras case lpra was 1i or deliveredbythisCourt it was not brought to thenoticeof the Court that Rule18 was made wef 62001when the Govt Instructions l 1 issuedand thusthe of the Govt InsUuctionswas examined 7 were the same to be in the realmof simplyexecutiveinstructions Thiswas in vieW Of no of instructionsdated Q 682001 amendmentofstatutoryrules However in view of 0 1 0 the factthat amendedRule 18 itself the Govt Instructionsdated 1 I dated 692001 ceases to be a executive 1 0 62001 the I ofstatutoryprovision byvirtue of amended instructioilbut attain the status Z b9 Thus the in i DuttMehras case lpraJdoes 1 Rule 18 nothelpthepetitioners in thepresent case I Even if it 1S thatthe Govt Instructionsdated 69001 cannot be pressed into serviceto introduce minimum benchmarks Z b9is self sufficient to introducethe conceptof minimum bench Rule 18 fll rnarksas the Rule 18itselfspeaks ofminimumbenchmark ie VeryGood W7 Z GovtInstructionsdated682001 hasonlyintroducedgrading ofthe ACRs Qm Theminimumbenchmarks introduced byvirtue Of andnothing more are Rule itself Even in absenceof the Govt Instructionsthe conceptof t benchmarks does exist under Rule 1 1eeeVeryGood Gradingof G ARsis of employerand is well within its rightto adoptany method for intruction of the bench marks by Rule 18b1e i I haveno hesitation in sayingthat all the relevant aspectsand statutoryprovlsions were not considered while decidingthe caseofRavi Dutt Mehrsupral 4 41108 e5s49nnPmWsa14Nd W m4d reevem4swrmerrMlmmWnm94e71 el n 15 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document n 0 1 83 n 17450of2010 3 0 1 Theconceptof rule of has also been 5 t Supreme Court in some m case 11 consideredbythe and others Vse Sa Kshetriya IlIli of RajendraKumar 1 GraminBank and others as 2010 11SCC 335 In this case as 1 Honble Supreme Court consideredthe of from seniority alone and While considering the 1 1 1 4 1 0 t alsowell settledthat theprincipleof 1 3 1 1 It is 1 meri for is dirent from the principleof seniorityand r 3 the basis of 1 of re lS On 1 mlm alone merit will not playany part at all But where lS 1 Z on theprincipleof is not automaticwith alone Merit will also playa role The reference to L24 standardmethodof senioritummerit is to all the eligible I candidatesin the eedergrade the edUCatiOnl and periodof servicelto a process of assessmentof a Z minimum necessary merit and thenpromotethe candidateswho Cll to possessthe minimum necessaly merit strictlyin the order of are The minimummerit necessaryfot thepostmay be assessedeither 7 Z bysubjecting the candidatesto a written examinationor an interview or by m of their work perfoce duringtheprevious or by a assessment ofeithertwo or all the threeoftheaforesaid methodsThereis no hardandfastrule as to how the minimummerit is to be ascertainedSo longas the ultimatepromotions are basedon seniorityany processfor ascertatntngtheminimumnecessarymerit as a basic requirementwill not Veeee militateagainsttheprincipleof senioriime mer 13 Thus it is clearthat a process wherebyeligiblecandidates possesstng the minimum necessary merit in the feederposts is st ascertainedand thereafterpromotionsare madestrictlyin accordance withseniorityfrom amongthosewho possessthe minimumnecessary merit lS and accepted as complyingwith theprincipleof seniori cummerit WhatwouldoHend the rule is aprocess 1041M 41 IWVn I Vml5 v4414S1919 ner Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 P 84 11 1 tl 1 174500f2010 14 II assessing the minimumnecessary merit are made 1 where 1 on the basis of merit insteadof seniorityl fromamong the candidates il theminimum necessary merit If the criteria adoptedfor possesslng 11 1n I ofminimum necessarymerit is bonajlde and not unreasonable 1 1 it is not open to as beingopposed to theprincipleof cummerit We hold that mnunum to ascertain the minimum merit necessaryfor dischargingthe functions of the post is not violative oftheconcept by A r 33 1 0 ofHaryanaState WarehousingCorporation 6supral In case 3 1 as 2011 91SCC 422 the Honble Mr JusticeCyriacJoseph while with the conclusion of Honble Mr Justice Altamas Kabir 1 Il consideredthe principleof senioritumemerit and observedas t under 7 C 1 Il 22 Thus it is the settledpositionthat the criterion of I 1 lS from the criterion ofmeritandalso the criterion of Where the promotionis based on 1 Z theoolcercannot claim promotionas a matter 1 f10 of his seniorityalone If he is foundunt to 1 of right by Vlrtue t 1 7 the duties of the higherpost he may be passedover 1 Z and anolcerjuniorto him may be means t r1m that giventhe minimum necessary merit required for eolciency of administration the senior thoughless meritorious shall havepriority ln thematter ofpromotion and there is no questionof a Jirther assessment of the merit of those who were foundto have the minimum necessary merit requiredfor eolciency ofadministration r For assessingthe minimumnecessary merit the competent authority can lay down the muumum standard that is requiredand also prescribe the mode of assessment of merit of the Such assessment can be made by assigningmarks on the basis of appraisalof permance on the basis of servlce record and interview and prescribingthe mlnunum marks which would entitle a person to be considered for promotionon the basis of 44emneenM4b e 1 eW S 1wSW W V 4 1 e 44 15 10409W919 IvrU1WlWb Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Ie 85 1 1 1 e 45 CWPNo17450of2010 45a 4 of the of The concept satiing a benck fued 1 certainmmum merit or 1 thesaid lS based and subjectto on senior those who fulfllsuch requementof mlnunum merit or satisj the l benchmark On the other hand theprinciple of pu greater on merit and ability and seniorityplays a less role Seniority lS gtven P only when merit andability are more or less equal 1 the candidates 1J 0 3 The above laid down by the Honble SupremeCourt t 9 5639of 2004 Rules which inter alia mentionsthat emanate from Rule 1 even 1 1 alone will not be basis for Thus even when the Z principleof appliesthere is some element of merit whichthe officer may be to possessfor bringingefficiencyin the I It is in this view of the matter that seniorityalone has not been t Z consideredas the sole basis for even underRule 5 A m distinctionis to bedrawnbetweenprinciple of seniority alone and 7 cumemerit as by the Honble SupremeCourt in the above Z mentioned There is another relevant aspecteven Rule 18 of C 1994 Rules wherebythe nunimum benchmarks have been introduced clearly that there shall be no on the basis of merit Theconceptof this expressionis that where the are required to eee achieve minimum benchmarks there cannot be any further comparison of rneritbetween such who acquiremmunum benchmarks After theemployeeachievedthe minimum bench marksthen rule of seniorityhas toprevailwhich is the objectiveand logicalprincipleunderliningtherule of and perhapscould be the onlyrealistic purpose of this This view hasbeen adoptedbythis court in CWP Noe 14309 of mlAamomwaIao v 4 e14 6 P1 e4911101e 1111 p e e4141114909Pea9 9 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 1 Il f 86 l 1 e 4 SL 9aa m16e n l CWPNoe 17450of2010 e 1 titledas Dre Darshan Singh vse State ofPunjabt others decidedon 1 1 11201 1 It is contended on behalfof the thattheyhave beendeprived of their of considerationby not conicating their t reportsand thus all such adversereportscannot be reliedupon to 1 denythemthe factthereare no adversereportsagainst the 0 As a matter of C5 They have not been