67 1 1 L r 1S Il 7 N 94 INTHE HIGH CHANDIGARH 0 1 1 1 11 Date ofDecisionl3152011 k 1e No7450 of2010 vPoetitioner 10 1 SantoshKumari Versus StateofPunjab andothers 2 CWPNo 13027of2010 Petitioner Singh Versus A 1 StateofPunjaband others J 3 3e cwp Petitioner 1 JagtarSingh 9 Versus 1L StateofPunjaband others A V 1 H 4 CWPNcl 16723of2010 ePetitioner DharamPaul e Versus 4espondents I StateofPunjaband others 5e CWPN 5578of2010 Z ePetitioner FaqirChand Versus CO StateofPunjaband others 7 Z 6e CWPNo2903 of2010 wPetitioner Qm Singh Versus StateofPunjaband others 1a CWPNo 16800of2010 7 Petitioner SurinderPal Versus StateofPunjaband otherS HONBLEMRJUSTICE PERMOD KOHLL COIU1M1 Presentl Mr KapilKakk Advocate Mr RlC Arora Advocate 1 9rV 9 3 1 Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 80 711 11 68 nl 1 T 17450of2010 2e Mr Puneet GuptaAddl AG Punjab 1 11 4 84 l 1 PERMOD KOHLIJ IORALI 1K l i1 1 Inview of the identicalfacts and common of law 1i1 these petitions are beingdisposed of bythis con order 1 011 1 thepetitioners are workingin the Eion Depant of 11 All 1 1 11 1 ofPunjab Petitionersin Nos 17450of 2010 and 16723 of 11 the 1 E 1 HeadMasters whereas all other are 0 2010 are working as 0 working in different disciplines All the petitioners are as 49 of their noioromotion to the postof Principal In someof the ofthe petitioners have been slely on the casesthe claims Z thattheydid not achieve the mum benchmarks for ground to the postof PrincipalIt is admittedcase of the paniesthat 0 fromthe cadre of Head Masters as also I persons juniorto the petitioners Lecturer have been to the post of ipal hence the grievance Z ofthe petitioners in thesepns rll Sincethe legalissues decidethe controversylIl 7 Z thesepetitionshence the facts of each case are not beingdealt with in m details facts are that there are more than 1500 sanctioned posts in Govt Schools in the StateofPuab and hundred of C postsare lyingvacant some even for a decade The had earlierexpressed its inabilityto make promotions in view of some directions fromthis Court for a considerableperiodLater the State was pemittedto rnakepromotions Promotionto the postof Principalis govemed andregulatedby thestatutoryrules framedunderprovisoto Article 309 ofthe Constitution se J 70r10MmaVh64W474vWm m1r 0m1W411ara86 mvnawerre1w4aw ld vr 7o 9tln5 11 Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 69 1 sl Il t 17450of2010 Il EducationService School8 GroupeA 1 of India namely R lt 56 Rules2004 referredto as the 2004 Rules Theserules 17 Service 1 1 vide notiflcationdated22122004Zule 5 dealswith the tIl were 2 11 etc and readsas underl 5 Method of and t theservice sha11be e in the manner as r ll to a postin A Y 21 againstthatpostin Appendix B 0 3 Provided that if no candidate is available for 1 by and by direct then to mlm the Service Shall be madebytransferof a personhoIdinga similar or an l 1 t1 Z postunder a StateGovt ofGm4 ofIndia C 2 No Shall be to a postin the service unless C in Appendix B Z 39 to the serviceby shallbe made on 00 basis but no person shall have any right to claim a2 z on the basisofseniorityalonel Providedthat to the postof Director shall be made on baslSe The postof Principal1Sone of the postsborne on the cadre of e the 2004 Rules Byvirtue ofsub rule 29ofRule 5 appointment to a postm theservice is to be made in accordance with the and againstthat postin AppendixB Post of Principal expenence as findsmention at Sr No of AppendixB and is to some other of the service These postsare to be filled up 100010by promotion from three channelsRelevant et fromAppendix B is 4 A VeMWhaIm ev 444 v M4WW I eww8u4w5W n n1n1n 6 6 n ll O n e 17 n t 114 r 1 IF Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 7 1 70 4r m 17450of2010 4 l t1 hereunderl 64 1tt Sr ofthe post 1Perce for Qualification 1 4 No and 1 by for 1r 4 by l t1 Direct Promotion Direct jPromotion appoint men 1 2 3 4 51 6 1 t r Hundmipercent FiBylve 67 3 DistrictEducationOftker Il Rom Secondaly Educationl 18 DistrictEducationOfficer jamongst thei l 2 Elementary EducaOonl 1Lecturets 0 1 PnncipalDistnct Instituteof 1workingunder 54 FAucationand Training Ithemntrol ofi G 1 1the Director e 24 Principal Secondary Schools t have anl 5 AssistantDirector Evaluation of rrl OftlcerSubject MatterExpen 1 working i7 I StateCouncil of Education as such for a Research8 TraininglSurvey 18 OfficerDeputyCircle nunmum 71 period of Z EducationOfflcer Deputy DistrictEducationOfficer seven yeal 1 Dimict ScieoceSupervisor 1 1 Thirty C2 SeniorLecturer Senior 1Percent from l 0 GuidanceCounsellor Iamongst the r Advisor Co IHead tn ordinatorPopulation 1Masteistr ra ri Educationl Omcer on Special esses working r r Duty0VorksandPlanningl under the 12t Ofllcer on Special Duty controlof thet Il Z ScholarshipJ andCoe 1 Director whoi Il ordinator have an 1 ofj 6 CO working aSI Yd Sllch for al Il0 rnmunum 7 period ofi 6 Z seven years t7 e and te Om Cl Fitleeenl 1 Ipercentfrom t 1amongst the Vocational Lecersl 1 Mastersl 1 1 Mimesses working underl 4e thecontroi ofl the Directorsl r who have an l jce ofl 1 asi such for al mlnunum period ofl seven years 1 For purposes of the presentpetitionsonly two channels of are relevantie Lecturer andHeadMasterlMistress550Ioof nwwnmmrrmleWw4aunsonl4oawmorane4r WI7 e 352 e 0rr 0 e nenm Vle1 47n e113251 15r 591 1 44444 re Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 4 1 71 5 10 7 CVVOe17450of2010 posts of Princi are to be filledup from amongstthe 6 under the control of the Director who have an tl Lecturers P1 75 as such for a mini periodof 7 years whereas t of 350Iof such posts are to be fllled up from amongstthe Head with for a miri periodof7 years for such being 11 All the petitioners are Y alsounder the zone Of of They are 1 0 on the basis of their seniorityas admiuedly personsjuniorto 0 them have been to the postof ipa1 The have 5 45 11 been denied onlyon the ground of not achievingthe minimum 115 I 111 under the Instructionsdated 692001 tt bench marks as 1h7 Z 1 P149 in Nol7450 of 2010 The relevant Govt A 95 C 8t bythe in the replyfiled in CWP 58 Instructions are relied upon 11 11 t7 I 12903 and 13027of 2010 These instructionsrelateto seuing ti Nos Z up of promotioncittees for consideringcases of 11 5 to Classel and ClasseIIpostsnow GroupA and GroupB postsl t5 CO 5 1t 5e E 2 The extract relevant forpurposes of the presentpetitionsis Z 1 hereunder tl 44 6clIt has been decided to retain fhe numberingsystemsof evaluation of ACRs containedin the inructions dated 29122000 6 a which is as under C Outnding 4 marks VeryGood 3 marlcs Good 2 marks Average l mark ACRs forthe last 5 years are to be takeninto considerationfor The criteriafor promotions will be as under 1 Thecase pertaining to thepromotion ofHead ofDepents wouldbe decidedstrictlyon the basis r mommmw4v44sneao 6am0r9mr4mM09441SA4140WN49P4 rVm n 17 1 Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 72 11 11 J 4 17450of2010 5 Theminimum marksfor motion for such postswould be 11 The m systemadopdearlierin instructions Ul vety 4 dated the2P 2000would befollowedand a minimumof 15 1 marks would be to be consideredas Very Good The Ofllcerwho is graded as outsmdingwould the 1 1 offtcergraded as VeryCod 2 Forpromotion to postsfallingin GroupA other than Head of the minunum benchmark will be very goodwith at least 12marks thosemeetings this criteria there 50 1 Ie 89 t5 0 would be no supersession 3 In the case ofpromotion to postsfallingin GroupB the 5 3 1 benchmark will be Good andtherewould be no f5 9 1I ie Promotionswould be madestrictlyon Il 1 V U Formaking in all the cagoriesthereshouldnot be jlf 4 4 W anyadverseremarksin the ACRs under consideration 71 0 4e 2 As consequenceof this decision of the Govt theappropriate 4ll I in the PunjabCivil Services eneral and Common Conditions of Ll 1 Z Rules 1994would be made 11 P 4 3 Theseinstructionswould be 11 Apart from the above instructions have heavily G 7 Z reliedupon the PunjabCivil Services General 8eCon Conditions of tl 1 n C Rules 1994 referredto as the 1994Rules9in panicular 51 v1 ll to Rules 18 and 20 thereof Rules 18 and 20 relied upon by the 4 are hereunderl 1 Promotionto GroupA and GroupB servicese6llCaFor 1 44 18 4ea 1 to the postas Head ofDepent would be decided strtctly on the basisofmercuseniority asoer the instructions issuedby theGovt time to time The minimumbench mark for promotionfor such postwould be VeryGoodl The officer who is graded as Outstanding would the officer gradedasVeryGood V 6b9 For promotion to postfallingin GroupA other than FTeadnfTlenartment the minimlIm hench mark will he Verv mwmmeWneaeawa0IrOnHPeM78MIw44mnw9rwI14wrnwmwmIrw4 7 2 11 1 1 nv5 71 1 1 Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 2 73 17 5 1 CWP 17450of2010 1 61 Good time c9 For to post fallingin Group le mim nchnarbe Good andthereShallbe no supersesslon on thebasisofmerit Rule20 readsas under of these rules shall 1 20 Over rldingelrecte The provisions haveeffect aihing to thecontratycontainedin any rules 81 in force for regutingthe and conditionsof 11 A for the time r with the 11 andpostslll 1 1 to publicservice 1 servicefor 0 1 3 aiTairsofthe state 33 is that 1 The gtievance of the in thesepetitions 9 1 theservice conditionsof the petitioners are by the 2004 Rules the service by V 3 of Rule 5 provides for appont to Sub Rule thoughseniority by adopting the rule of 0 for Basedupon aforesaid it is alonecannot be basis I are entitledto on thebasisof their contended that the Z except on account of any adverse entries or CQ submitted that introductionof the etc It is mm3 ofGvt Instructionsdated Z bench marks for byvirtue mnimum Om 692001is totallyilleg1and amountsto supplanngthe statutoryru1esBy applying the the rule of has been u7hichis lll law In of their to aee of this Court relied upon 21 COntentionthe as 20101 RSJ 19 titled as RaviDutt Mehra relVse State of 7 of same very Govt Instructions Punjab 8 others wherein the dated682001 was consideredRelevantobservations are as under u6e Thestatutoryrules ie roup Ao Service provides for to be on thePnncipleof Rules2008 seniorityover and above no elns 1 l r1 574 1 ae n4 Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 74 1 11 1 4 J cwP No 17450of2010 is not tn dispute The expresston has been 4 and by vanous In the 1 If1r caseofHmyana StateElectricity CorpnLtd Vs Rameshwar Dass20041 SCT 328 it has been held thatthejuniorpersoncannot be unless somethingis shown to senior or disciplinary 1 are againsthim The cannot be ignored 1 settled of law 18 It is 1 the aforesaid 1i the Iio that once 4 therein and administratlve 1 of lS t criteria 41 1 thestatutoryrules are alteredUled or made t 1 instructionsto the extent 5 3 betizkeninto consideration Uedlythere was redundantcannot 1 adverseagainstthepetitioner nor any disciplinary or criminalor 9 pendingagainsthim at the time of otherkind of were L considerationfor his to the post ln The Govt Z does not in any er takeaway therightof 5C instructionsdated forconsideration for on the basis of senioritym the petitioner 1 cmerit If tlze contentionof the the sozlled I thenit amoumsto cg the from benchmarkis C Such a recourse ls Z to in law 33 11 to the latest of The have also 7 Z HonbleApexCourt as 20131 SCC422 tied as HaryanaState and others Vse JagatRam and another In Warehousing the aforesaid the Honble SupremeCourt examinedthe similar of on the basis of where an identical 1SSue i Regulation8C2 framedby the Haana State Warehousing 4 COfflcers Sta89Regulations1994which is similar to Rule 5 3 of the above service rules came up for consideration Regulation8629 readsas underl rc 8 All unless otherwiseprovidedshall be any made rightto suchpromotions 37 m 8 1Y 9 44 1 1 11 r 1i 1 l 1 Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 75 111 U A 4 CW9No17450of2010 1jl 14 t I l earlier tied as State of Mysore Vse Syed while Mahmood as AIR 1968 SC 1113BeVeSivaiah and others Vse Ic Addanki Babu andothers as 1998 61 SCC 720 tE r Vs National Insurance Ltde as 2004 E 91SCC 286 Sant Ram Sharma VSe StateofRajasthan as C VseReva Sidhi Gramin Bank 1967 SC 1910 Yadav 1 0 as2006 61SCC 145 held as underl 1 0 1 1 I rr Thereis nothingon recordto indicatethat JagatRam was C5 ofdLscharging hisjiinctionsin the postofAssistant 1 not capable r He was on thegroundof Manager hadbeen made in favourof Ram Kumar Z thesuperiorassessmentthat runs contraryto theconcept which in our view raised on behalf of the the I relied upon amendedRule 18 of the 1994 Rules the State has Z Reliance placed upon Clause B of Rule 18 inuoducedvide amendment 1S oo dated 18122001 her this amendedrule was made S7 woe 69001 B ofRule 18 dealswith the to Z thepostsfallingin other thanHead ofthe DepartmentBy vinue Clm theconceptof min bench marks was of the amended Rule 18 introducedfor promotionto GroupeAposts otherthan the Head of Depent and the rnin bench mark provided was VerY GOOd as per the Govt Instructions by the Govt from time to time The Rule 61rther that there will be no supersession on the basis of merit The purposeforointroductionof amendmentin RUle 18 from 62001 is to adoptthe Cvt dated62001 earlier issuedby the vte theconceptofmin benchmark was en9reIern17WlA7 e72 EIn ti Pttlt rI r9l W 1 l 411 15197 n5 t Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 76 01 eab 1 CW0 17450of2010 49 1 introduced without any sry bacldngRule 60f 1994Rules which is alsorelevant is hereunder 3 6 etcm Subject to theprovisions of theserules thenumberand characterofposts methodof recruitmentand educational and for to a postor postsin a Service t1 1 and the examinationif any shallbe suchas may be speciSed r in the ServiceRules madefor that service rules were amended vide Notifications No GS2 3 1 2001 and NoGS121171ConstJAn309d 1 a 0 Vide these notifications follow amendmentshave been 1 15 introduced I The 18 December 2001 1 Z 2 In the of the PunjabCivil Services oGeneral 1 andCommon Conditions of Service1Rules 1994 for the figuressignand 1 2 3 1 1 ClassI Class II and Class III thesignandwords GroupA Group t words t 1 B and GroupC shall be substituted 1 C The 18 December 2001 Z NoeGSR1171Const3091Amde CO ii9 They shall be deemecto have come into force on and 7 withefYectfrom the 6 day 2001 33 Z This rule clealyprovidesthat characterof post method of recruitmentand educational and for to a post in a service etc shallbe as may be specifiedin the seIvice ruleSe Theservice nlles 81rtherdefmed in 1994 Rules means a ClasseI ClasseII andClasseIII service constitutedin connection with the affairs of the State C under Rule2g of 1994 Rulesiowever the applicationof servicerules 1S again madesubjectto theprovisions of 1994Rules as Rule 6 starts with the expressiOnsubjectto theprovisionsofthese rules This means that even 111thematter of qualiflcationexperience and methodof recruitmentas may beprovided in the serviceruleswill againbe subjectto the 1994Rules In utmrrmaam44tWnwAvmn4vmLSltemWICS4P3443wId4mrwO4WveYlv9Mmrrnr m W 5 51 Ze 1 n I 23 r Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 77 l ea CWPOe 17450of2010 lL to above Rule 20 lrther gives addition to Rules 6 and 18 1 1Ii 1p effect to 1994Rules for to publicservice 1 o lt is also noticedthat Rule 80f the 2004 Rules Slrther makes provided for in the j 1994 Rules to the extent not service rules Rule 8 readsas underl A r of the PunjabCMl Services General and 8e 1 0 of ServicelRules 1994e11 In respectof thematters Common 3 rulesthe membersof the which are not provided in these 9 serviceshall be by the of the PunjabCivil Services of ServicelRules 1994 as amendedfrom L General Common r timeto time 1 Thus from the conjoint of Rules 6 18 and 20 of the m 0 Rule 80f 2004 Rules it appearsthat in all those matters 1994Rules and I theservice rules of 2004 and there is any where there is no provlsionln C3 Z under1994 Rules 1994 Rules prOV1SlOn m will remainsubservientto the 1994Rules will operateand service 3 theserules deal with the conditionsof service It is in the Z statutory provisionthe of Govt Qe light of the Instructions dated is to be construed By vhtue of amendedRule 18the conceptof minimum marks has been introducedandRule 18 irther refersto the Gvt Instructionsissued80n time to time Thus the 4 GovtInstructionsissued form partofthe Rule 18ofthe 1994 Rulese In thegivenscenarioof the statory provlslons by virtueofRule of any challengeto Rule 18 cb9 It is not a case where by issuing w 01P76 9 e0499e1Ye09795 1rrt 5 r0 e 8 1 5 el Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 11on 1jl 78 rl 11 1 CWPNo17450of2010 t was 71 RaviDutt Mehras case supra alteredWhen the lll P or thenoticeof the Court that Ll bythis Court it was not brought to delivered 1 692001when the Gov InstructlOnS 1 Rule18 was made we i1 was examined 11 were and thus the vaIidityof the Vte r 1 thesame to be in the realmof executiveinstructions 1 considering f 1 no2 of instructionsdated t This was lll view of P 1 1 in vieW Of 1 1 62001 GovtIctions dated Il r 1a the fact that Rule 18 i8elf adoptsthe alw thenotifcationdated6e2001 to be a executive C5 62001 of amended I but attainthe status ofstatutoryprovision by virtue 1 RaviDutt Ms cassupraldoes 1 Z Rulel8 b Thus the in a nothelpthepetitioners in thepresent case 044 if it is prelmedthat theGo Instructionsdated Even I 0 62001 Z to duce the conceptof mini bench Rule18 Q self OO VeryGood rnarks as the Rule 18 J Z Ll marksare inuoducedby virtue of andnothingmore The minimum of the Govt Insnuctionsthe conceptof Rule18 itself Even in VeryGoodl Gradingof 1ee l mar does exist under Rule 18 4 is of employerand iswell wiin its rightto adoptany 94mW ACRs of the benchmarks by Rule methodfor 1 18ble in sayingthat all therelevant aspectsand I have no werenot ghtSllly while decidingthe statutoryprovlslonS case ofRavi Dutt Mehsupra 944WFWSt9W24 n VOn s 1 e 9 5785 1 17 719 1 117519 81 9157 4i Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 79 1 CWP 17450of2010 1 k 44 1 Theconcept of nlle of senioricummerit has also been 1 consideredbytheHonble Supreme Court in some m case J 1 Srivastava and others Vse Sa Kshetriya t of Rajendra GraminBank and others as 2010 11SCC 335 In this case 1Il Honble Court consideredthe principle of as from seniority alone and Whileconsidering the P4 e 1 0 3 11 Itis also well settledthat theprincipleof 1 meri for is diHerentfrom the principleof 3eniority and 9 the bosis of ofmeritecumenioritylWhere zs on principle alone merit will not playany part at all But where lS 1 Z on the principleof is not automaticwith alone Merit will also playa role The reference to standard method of is to all the eligible I candidatesin the feedergrade the educalional t and periodof servicelto a process of assessmentof a Z thecandidateswho specUled muumum merit and thenpromote meritshictlyin the order of 11 are und to possessthe mini neCeSSarY The minimummerit necessaryfor thepostmay beassessedeither senior W2 Z bysubjecting the to a written examinationor an interview or by duringthepreviousor by a Ll assessment of their work ofeither two or all the threeoftheaforesaid methodsThere is no hard andfastrule as to howthe mini merit is to be oscertainedSo long as theultimatepromotions are based on seniorityany processfor theminimumnecessary merit as a basic requirementwill not ascertauung 960000 againstthepIincipleofsenioriim merit 13 Thus it is clear thata process wherebyeligiblecandidates theminimum necessary merit in the feederposts is jlrst possesszng and promotions are made strictlyin accordance and accepted as complMng with theprincipleof seniority lS cum4nerit What wouldojnd the rule is a process n vmav 0h O M1 e nle2104se e 45 e 9Vet18Wnr r9 11e0 1 1 4 757 e eII 1 b Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 41 41 6 I4 14 80 11 if Ie CWP 1 17450of2010 where afterassessing the necessary merit are made e0 on the basis of merit instead of seniorityfrom among the candidates 1 theminimum necessary merit If the criteria adoptedfor V possesstng 41 ofminimum necessarymerit is and not unreasonable it is not open to as beingopposed to theprincipleofsenior v cumemerit We hold that mlnunum 5 theminimum merit necessaryfor dischargingthe marks to ascertain Vs jiinctionsofthe is notviolaUveoftheconcept by Pd 37 1 J 0 State WarehousingCorporation In case 3 4 k 422the Honble Mr Justice CyriacJoseph while 5 S as 20191 SCC 5 9 I5 with the of Honble Mr Justice Altamas Kabir i e r consideredthe principleof and observedas ll 1 N 1 m underl r r rr 22 Thus it is the settledpositionthat the criterion of I om the criterion ofmeritand also lS Where the is based on Z the criterion of 11 theoBIcercannot claim as a matter 1 C10 ofhis seniorityalone If he is foundunfltto 1 of right by virtue 1 of the higherpost he may be passedover I m the duties 1 Z anojcerjuniorto him be means 1 and 1 Om theminimum necessary merit required for eBlciency of that given administrationthe senior less meritorious shall havepriority further t and there is no questionof a in the matter assessmentof the merit of those who were found to have the 1 mlnunum necessarymerit for eBlciency 4 For assessingthe minimum necessarymerit the competent authority lay down the minimum standardOzat is requiredand also can the mode of assessment of merit of the Such assessmentcan be made byassigningmarks on the basis of appraisalof on the basis of servtce record and interview and the mini marks which would entitle a person to beconsideredfor promotionon the basis of yuwwnvvmsrW4mw9mxrmwrw7VD9rmmrrrmwIWmN 2Yt 5t 27Se5997W 1471925 5 95167 n7e 65V 38e4 er Anita Rani 2014.05.28 11: 10 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document Ir 81 c1 1 4 17450of2010 of U the 15 5t The concept 1 a benchmwk fued 14 certainminimum merit or 4 44 the said lS based 11 and subjectto 6 on senioritye 11 merit or sati the 11 those who fulfilsuch of mmunum benchmark ed On the other hand theprincipleof tn tni 9 I meritcumseniorityputs on merit and ability and 1f 84 1 seniorityplays less role Seniority lS gtven 4 a A onlywhen merit and ability are more or less equal 11 weightage Il 31 t 32 1 the candidatesconsideredfor 1 3 laid down by the Honb1eSupremeCourt The above 1 9 even emanate from Rule lL alone will not bebasis for Thus even when the 1 t r thereis some