11 I 71 1t C r 0 e IN THE HIGH t 1 1 CWPNo 17450of2010 DateofDecisionl 3152011 SantoshKumari Petitioner Versus StateofPunjab and others 13 2 CWPNo 13027of2010 1 Harbhajan Singh ePetitioner Versus 1 StateofPunjab andothers 1 p 1 3 3e CWPNo12225of2010 1 JagtarSingh wPetitioner 5 Versus StateofPunjab andothers 4 2 4 CWP No 16723of2010 2 DharamPaul mPetitioner C Versus e1 I StateofPunjab andothers r 5e CWP No 5578of2010 Z FaqirChand ePetitioner m Versus StateofPunjaband others W3 Z 6 CWP No 12903of2010 Om Singh ePetitioner Versus S StateofPunjaband others Respondents 7 CWP No 16800of2010 SurinderPal Petitioner Versus StateofPunjaband otherS Respondents CORAMm HONBLE MRJUSTICE PERMOD KOHLL Present Mr KapilKakkar Advocate Mr RlC Arora Advocate P a 9eo 00M444100ma o S3e evS v e 4 dPt1 m e4e WrlWnwvwmrm4 mwI Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Il 72 1 1 Vt CV0 17450of2010 2 Ii Mr PuneetGuptaAddl AG Punjab 1 8 Il 11 Il 8 4t PERMOD KOHLIJfORALI 117 Is In view of the identicalfactsand common of law 1 6 1 thesepetitions are being of bythiscon order 4 All the are working in the Education of 1 1 StateofPunjabPetitionersin CWP Nos 17450of2010 and 16723of 1 r the 1 Il 0 2010 are workingas Head Masters whereasall other are C4 workingas Lecturers in different All the are 1 1 C9 of their to the post of Principal In someof the 1 casesthe claims of the havebeen solelyon the ef Z groundthat theydid not achievethe minimum benchmarksfor re2 C to the postof PrincipalIt is admittedcase of thepartiesthat et I persons juniorto the from the cadreof Head Masters as also l3 Lecturer havebeen promoted to the postof Principalhence the grievance Z ofthe petitioners in thesepetitions OO 4 Since the legal1SSUes decidethe controwsy in 17 Z thesepetitionshence the facts of each case are not beingdealt with in 5 Oa details factsare thatthere are more than 1500 sanctioned postsof Principalsin Govt Schoolsin theStateof Punjabandhundred of C4 postsare lyingvacmt 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 Promotionto thepostofPrincipal is governedand regulatedby thestatutoryrulesframedunder provisoto Article 309 ofthe Constitution eW tra01wuesa0m0 4 emve4re4rmmnWeoXWP44In 01 5 Lene1P0IOP9811Sv 1nW 9rn te e Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 73 1 S 1 CVk No 17450of2010 3 4 1 1 i of India namelyPunjabEducation Service hool cOInspectionroupeA Service Rules 2004 hereinaRerreferredto as the2004Rules Theserules 4 were notified vide notiflcationdated221202004Rule 5 deals with the rnethod etc andreadsas underl Se Method of and l to a postin the service shall be madein the manner as 1 P0 1 71 specified against thatpostin Appendix B 1 t 1 0 Provided that if no suitable candidateis available for J 1 I 1 C5 bypromotion and bydirect then to the Service shall be madebytransferof a person holding a similar or an t 1 Z identical postundera StateGovt ofGovt ofIndia e Q 29 No person shall be appointed to a postin the serviceunless I he possessesthe and as speci6edagainstthat post nO in AppendixB Z 39 to the service bypromotion shall be made on OO 4r senioritpcumneritbasis but no person shall have any rightto claim V7 Z promotion on the basisofseniority alonel Il Providedthatpromotion to thepostof Directorshall be made on basis The postof Principalis one of thepostsborne on the cadre of C the 2004 Rules By virtueof sub rule 62 of Rule 5 appointment to a postin the service is to be made in accordance with the qualificationsand expenence as specifiedagainstthat postin AppendixB Post of Principal flnds mention at Sr No3 of AppendixB and is equivalentto sorne other postsof the service Thesepostsare to be filled up 1000 by promotion from threefeeding channels ReIevantextract 80m AppendixB is 9 S 4W0m4Walmw v w ea MN 1W4WV0o 1e r0W649W49PlmMeeeI 1 Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 74 1 1 1 r 1 Ld 1 17450of2010 4m 1 hereunder T 91 Sr ofthe post 1 rceMagor l 14 Il No and by for e 4 by 1 l Direct Ptomotion Direct lPromotion appoint ment 1 2 3 4 s1 6 e A Hundred percent Fifty4lve 3 DistrictEducation Oftlcer Secondary Educationl from 1 DistrictEducationOmcer 1amongst the 0 Elementary Educationl 1Lecturers 3 rincipalDistrictInstituteof lworking under EductitionandTraining jthecontrolof PrincipalSecondary Schools Ithe Director 9 AssistantDirector Evaluation who iave an Offlcer Subject MatterExpert 1 ofr 1State CouncilofEducation working as L Research8 TraininglSurvey ISUchfor al A Ofllcer DeputyCircle 1minimum ofl EducationOftlcerDeputy U DistrictEducationOftlcer DistrictScience Ibl Thirty m SeniorLecturer Senior 1Percent from GuidanceCounsellor 1amongstthe Advisor COe Head I ordinatorPopulation 1MasterslMistr Educationl Oftlceron Special esses working 0 DutyWorksandPlanningl nder the oftlcer on SpecialDuty Icontrol of the Z and Coe whol ordinator an ofl Oo aSI for al V j tnlnl Z 1period of 1seven years land tl Fifteeen rrs from 1amongst the 1Vocational 1 Lectuersl 1 1Mastersl 1 1 1MistresSSl working under a the control of 1 the Director who have an l 1 expenence ofl working asl such for ai mmmum period ofl 1 seven years For purposesof the presentpetitionsonly two channels of promotion are erelevant iea LecturerandHeadMastistress 55010of 1 1 0 4 m0ae4 Ilen4m n1114n4vall99le41 86 1vm Je4111atmnemrVIT 6111 1P Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 75 1Il 1 7 CWE10 17450of2010 5 7 postsof Principalare to be filled up from amongstthe i t Lecturers under the control of the Director who have an of workingas such for a mim periodof 7 years whereas l expenence Il 35010of such postsare to be ftlled up from amongsthe Head t with for a minimumperiodof 7yea t All the petitioners are eligiblefor such being P of Theyare also under the zone of 1 J consideration on the basisof theirseniority as personsjuniorto 13 1 themhave been to the postof PrincipalThe have 45 beendenied onlyon theground of not achievingthe minimum bench marks as prescribed under the Govt Instructionsdated 62001 Z e7 Annexure I in CWP Nol7450 of 2010 The relevant Govt 0 Instructions are relied upon by the in the replyfiled in CWP Nos 12225 12903and 13027of 2010 Theseinstructionsrelateto seuing C3 Z up of promotioncommittees for considering cases of C to ClasseIand ClasseIIposts low GroupA and GroupB postsl I5 41 m7 The extract relevantfor purposesof the presentpetitionsis Z 1 hereunder 1 i Om 1 t6 6c9It has beendecided to retain the systemsof 1 1 evaluation of ACRs as contained in the instructions dated291 22000 which is as under 1 Ce 4 marks 1 lVeryGOod 3 marks 1 1 Good 2 marlcs 1 IAveragel 1 mark ACRs for thelast 5 years are to be takeninto considerationfor promotionThe criteria for promotions will be as underl 1 The case pertaining to thepromotionof Head of would be decided strictlyon the basis l91mm e 1v 0e941 OW391411144MP99IW440 1 1 Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1f 76 sl11 1 1 17450of2010 6 l Theminimum marksfor for suchpostswould be r i verygoodlThemarkingsystem earlierin instructions 111 datedthe29 2000wouldbefollowedanda minimumof 15 rnarkswouldbe to beconsideredas VeryGood The Oftlcerwho is graded as would the offlcergraded as VeryGood 2 Forpromotion to postsfallingin GroupA other thanHead of the llllnlmum benchmark will be very goodwith A atleast12 marks Amongstthose thiscriteria there 1 J wouldbe no 3 3 In thecase ofpromotion to postsfallingin GroupB the 9 minimumbench mark will be Good andtherewould be no 1 ie Promotionswouldbemadestrictlyon A V W 4 For making in all the thereshouldnot be anyadverseremarksin the ACRs underconsideration j 2e As a consequenceof this decision of the Govt the V J2 changes in the PunjabCivil Services eneral andCommon Conditions of 3 Z Servicel Rules 1994would bemade 3 Theseinstructionswouldbe lD Apartfrom the aboveinstnictions have heavily m Z relied upon the PunjabCivil Services eneral 8eCommon Conditions of ll ServicelRules 1994 referredto as the 1994Rules9in particular reference to Rules 18 and 20 thereof Rules 18 and 20 relied upon by the 12 are reproduced hereunderl il 46 44 18 Promotion to GroupA and GroupB 9For 1 t promotion to the postas Head wouId be decided 1 strictlyon the basisofmeritseniority as per the instructionsissuedby theGtwt from time to time The minimum bench mark for promotionfor suchpostwould be Very Good The officer who is graded as would supersede the offlcer gradedas VeryGood 6b9 For promotion to postfallingin GroupA other than Head nfDenartment the minimllrn henrh mark will he Verv 1 1 e rll7eW90P44404WlS7411t Or 1 5 501114eloua94441Ioe49nP9111nI l 44shv4416We14MermPew4m9 4 Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 77 jl IV 1 4 1 1 174500f2010 7e Good as per the instructionsissuedbytheGovt from time to tlme Thereshallbe no on thebasisofmerit 1 1 c1 For to postfallingin GroupB the minimum 1 benchmarkwill be Good andthereshallbe no on thebasisofmerit Rule 20 readsas underl f t 20 Over ridingetTecteThe of these rules shall haveeffect to thecontrarycontainedin any rules 1 for the time beingin force for regulating the recruitmentand conditionsof 1 0 service for to publicservice andpostsin connectionwith the C0 afTairsofthe state 19 0 The shortgrievance of thepetitioners in thesepetitions is that the service conditions of the petitioners are by the 2004 Rules Z Sub Rule 09 of Rule 5 provides for to the service by lr by adopting the rule of thoughseniority 41 I alonecannot be basisfor promotionBasedupon aforesaidprovision it 1S C1 contendedthat thepetitioners are entitledto promotion on the basisof their Z 4 seniorityexcept on account of any adverse entries or CQ disciplinary etc It is furthersubmittedthat introduction of the Vo Z minimum benchmarksfor promotion byvirtue of Govt Instructionsdated Ll 62001 is totallyillegaland amounts to thestatutoryrules By applyingthe instructionstherule of has been changed to which is in law In supponof their contention the petitionershave lied upon a of this Court reportedas 20101 RSJ 19 titled as Ravi Dutt MehrDrO Vse State of Punjab 8c others wherein the implicationof same very Govt Instructions dated682001 was considered Relevant Observations are as underl The statutoryrules Le Ayurvedic roup A2 Senlice Rules 2008 clearlyprovidesfor promotionto be made on theprincipleof senioritpecumneritPetitioners seniority over and above respondent no 8 1s9Maavwnl we e vA 4 Glel P 44040e WVS41 17 91 PelSV414 9Vel1 09 4 Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 78 2 4 1 1 t CNo 17450of2010 e 4 4 lS not ln The Seniorioimmerit has been fl condered and by VQnOUS judicial In the 1J caseofHmyana StateElectricity CorpnLtd Vs ShWar 1 1 Dass 2001 SCT 328 it has beenheld thatthejuniorperson cannot be unless is shown adverseto senior or are againsthim The senioritycannot be ignored the aforesaidprincipleIt is equally settledpropositionof law thatonce therecruitmentis bystatory rulesand the criteria of qualiflcationlS therein and administrative 0 1 instructionsto the extentthestatutoryrules are alteredied or made 3 redundant cannot be taken in consideration there was 1 5 adverseagainstthepetitioner nor any or criminal or mJm other kind of were agait him at the time of considerationfor his to the post Ul The Govt Z instructions dcited692110 does not in any manner take away the rightof 1 e thepetitionerfor considerationfor promotion on the basis of senior tr cumement If the contention of the the soecalled I benchmark is then it amounts to changingthe from C0 Z to Such a recourse lS in law 23 oo e The have also refened to the latest of W2 Z Honble ApexCourt as 2011 SCC 422titled as HaryanaState Clm Corporationand others Vse JagatRam and another In the aforesaid the Honble Supreme Court examinedthesimilar V issue of promotion on the basisof where an identical ea provisionie Regulation829 framed by the HaryanaState Warehousing CorporationOfflcers 8c StafORegulations1994which is similar to Rule 5 31 of the above service rules came up for consideration Regulation8629 readsas underl Ir 8 All promotions unlessotherwiseprovidedshall be made on basis and seniorityalone shall not conferany rightto suchpromotions 33 Oe404464 44vA a wSlr4n11e OO Cl4ov II PeaevmM9rvevwree4S44n9eeUP r Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 79 1 17450of2010 9 i theaforesaidregulation the Honble Supreme Court 4 1 while following earlier titled as State of MysoreVse Syed 1 Mahmood reported as 1968 SC 1113 BeVeSivaiah and others Vse t Ke Addanki Babu and others reportedas 1998 69 SCC 720 11 Vse National Insurance Company Ltde reponed as 2004 1 1 91SCC 286 Sant Ram SharmaVseStateofRajasthan as AIR 1 1967SC 1910Hargovind Yadav Vse Reva Sidhi Gramin Bank 0 C0 as2006 l SCC 145 heldas under 11 I Il Thereis nothing on record to indicatethatJagatRam was 1 9 1 r not capableof hisfunctionsin the postofAssistant f Manager He was onlyon thegroundof Z the superiorassessment that had been made in favourof Ram Kumar 1 which in ourview runs contraryto theconcept r Ct the contentions raised on behalf of the I petitioners the Statehas relied upon amendedRule 18 of the 1994 Rules Z 4 Reliance is placedupon Clause B of Rule 18 introduced vide amendment rio notification dated 1822001 however this amended rule was made 7 we 692001 Clause B ofRule 18 dealswith thepromotion to Z the postsfallingin GrouA other than Head of the By virtue ll of the amended Rule 18 the conceptof minimum bench marks was introduced for promotion to GroupeAposts other than the Head of and the minimum benchmarkprovided was VeryGood as per the Govt Instructionsissued by the Govt from time to time The Rule 81rtherprovidesthat there will be no supersession on the basis of merit The purpose for introductionof amendmentin Rule 18 retrospectively from 62001 is to adoptthe Govt Instructionsdated68001 earlier issued by the Govt whereby the conceptofmini bench mark was 1 60rI I 10 w4rpv00a1eenemewr450 Le wvleln99Vmium14emWm OU Il Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 80 1 Il i 9 174500f2010 a10m 1 without any statutorybackingRule 60f 1994Rules which is 4 t 61 11 alsorelevantis hereunderl 77 1 11 6 etc Subject to theprovisions of theserules t of postsmethodof recruitmentand educational the numberand character 6 61 and for appoint to a postor postsin a Service Ii P the examinationif any shallbe suchas may be specified 0 and 5 in theServiceRulesmadefor thatservice 1 P Il Original rules were amendedvide NotiflcationsNo GSR t 1 1 1151ConstArt309192001 and NoGSR1171ConstJArt3091Amd t 0 1 i 3 t Vide these notiflcations followingamendments have been 1 5 introducedl mJm The 18 December 2001 NOGSRe1151ConstJArte3O91Amde12001 Z of the PunjabCivil Services General t 2 In the m andCommon Conditionsof Service9Rules 1994 for the figuresignand words ClassI Class II and Class III thesignandwords GroupA Group I B andGroupC shallbe substituted Cl The 18 December 2001 Z 00 6ii Theyshall be deemed to have come into force on and lw with effectfrom the 6 day 2001 35 Z lm This rule clearlyprovidesthat character of post methodof recruitmentand educational and for to a postin a service etc shallbe as may be specified in the service rules The service rules further deflned in 1994 Rules means a ClassmI ClasseII G and ClasswIIIsenrice constitutedin connection with the affairs of the State under Rule 26g9 of 1994Rules However the of service rules 1S againmadesubjectto the provisionsof 1994Rules as Rule 6 starts with the expressionsubjectto the provisionsofthese rules This meansthat even 111the matter of qualificationexperience and methodof recruitment as may be providedin the serviceruleswill againbe subject to the 1994Rules In P AVPew W 44evd 6 er144OA1e e 0t le OOv ovreelperver4156lmMWO 4W Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Il 81 en 17450of2010 1 1 2 additionto Rules 6 and 18 referredto above Rule 20 Slrther gives P 4 effectto 1994 Rulesin respectto the recruitmentand conditions ti of servicefor to publicservice It is also noticed that Rule 80f the 2004 Rules furthermakes 1994 Rules to the extent not provided for in the t 1 servicerules Rule 8 readsas underl Pd 1 8e of the PunjabCivil Services reneral and A 1 0 CommonConditions of ServicelRules 1994 In respectof the matters 3 which are not specificallyprovided in these rules the membersof the vlm C9 service shall be governedby the provisions of the PunjabCivil Services General E Common Conditions of ServicelRules 1994 as amendedfrom C time to time Z 1 e Thus from the conjointreadingof Rules 6 18 and 20 of the 0 1994Rules and Rule 8 of 2004 Rules it appearsthatin all thosematters I l3 where there is no provisionin the servlce rulesof 2004 and there is any Z 41 provisionunder 1994 Rules 1994 Rules m will operateand service ruleswill remainsubservientto the 1994Rules va Z thoughtheserules dealwith the conditionsofservice It is in the Il light of the aforesaid statutoryprovision the of Govt Instructionsdated62001 is to be construed By viitue of amendedRule 1 18 the conceptof minimum benchmarks has been introduced and Rule 18 furtherrefersto the Govt Instructionsissuedfron timeto time Thus the 4nm Govt Instructionsissued form partofthe Rule 18 ofthe 1994Rules In thegivenscenarioofthe statutoryprovisionsparticularly by virtue ofRuIe 18 bl minimum bench mark could be providedparticularlyin absenceof any challenge to Rule 18 009It is not a case where by issuing the executiveinstructionssimplicitor thestatutory rules are beingover ruled Ie4eeInee m Ae4r e eae n Je O Im 04r1jV4 4bpnarnwaemrm1r9Te4 m31m144m4m1wvWWW1401644 Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 82 11 1 4 1 nl 4 1 CWP No 17450of2010 12 4 1 or altered When the in Ravi Dutt Mehras case lpra9was deliveredbythis Court it was not brought to the notice of the Court that 1 Rule 18 was made we 692001 when the Govt Instructions were issuedand thus the validityof the GovteInstructionswas examined considering the same to be in therealm of simplyexecutiveinstructions This was particularlyin view of condition no2 of instructions dated 1 6532001which amendment rules However in view of 0 3 the fact that amendedRule 18 itself adop the Govt Instructions dated i 1 9 692001 the notiflcationdated692001 ceases to be a simplicitor executive instruction but attainthe status of statutoryprovision byvirtue of amended c Z t Rule 18 09 Thus the in Ravi Dutt Mehras case supra9does e t not helpthepetitioners in thepresentcase I Even if it 1S that the Govt Instructionsdated Cl Z 62001 cannot be pressedinto serviceto introduceminimum bench marks Rule 18 b9is self sufficientto introducethe conceptof minimum bench r10 marksas the Rule 18 itselfspeaks ofminimumbenchmarkie VeryGood VnWo Z Govt Instructionsdated682001 hasonlyintroducedgrading ofthe ARs 0 and nothing more The minimumbenchmarksare introducedbyvirtueof Rule 18009 itself Even in absenceofthe Govt Instructionsthe conceptof l bench marks does exist under Rule 18 0b1 1ee Very Good Gradingof e4ea ACRs is prerogative of employer and is well within its rightto adoptany gradingmethod for introductionof the bench markscontemplated by Rule 186b I have no hesitationin sayingthat all the relevant aspectsand statutoryprovisionswere not consideredwhile decidingthe caseofRavi Dutt Mehrsupra9 MlV444e In v remeevrpa Prwm4Mewrvw uwr n n 2 e5 1119rnewewwrw 0 1 Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 83 i l J 1 174500f2010 13m 1 Theconceptof rule of senioricumemerit has also been bythe Honble Supreme Court in some in case 1i 01 of RajendraKumarSrivastava and others Vsa Sat Kshetriya Gramin Bank andothers as 2010 11SCC 335 In this case HonbleSupreme Court consideredtheprinciple of senioritum4nerit as fromseniorityaloneand While the 4 1 1 0 1 J 3 l l It is alsowell settledthat theprincipleofsenioritpcum 1 T meri4forpromotionis dirent from the principleof seniorityand 1 t5 principleof Where promotionlS on the basis of I l alone meritwill not playany part at all But where 1S 1 Z on the of is not automaticwith to seniorityalone Merit will also playa role The standardmethod of is to subjectall the eligible I candidatesin the feedergrade the educational Cl and periodof service9to a process of assessment of a Z specifled muumum merit and thenpromotethe candidateswho OO are foundto possessthe mlnunum merit strictlyin theorder of Theminimummerit thepostmay beassessedeither vm Z bysubjecting the candidatesto a written examinationor an interview or by r assessment of their work dwingtheprevious or bya coation ofeither two or all the threeoftheaforesaid methodsThereis no hard andfastrule as tohow the minimummerit is to be ascertainedSo longas the ultimatepromotionscwe based on seniorityany processfor the minimumnecessarymerit as a basic will not em militateagainsttheprincipleofseniorityecum merit 13hus it is clear that a process wherebyeligiblecaruHdas possessingthe minimum necessaty merit tn the feederposts is jrst ascertained and thereafterpromotionsare madestrictlyin accordance with seniorityfrom amongthosewho possessthe minimumnecessarymerit lS recognisedand acceptedas complying with theprincipleof seniori cumemen What would 0Hendtherule is a process 4 e414S44Weo 1414VImVr24wwm1rM re44eL 4A IYV64tOmweveeemnnpet964 IJ n Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 84 I l It 1 e 5 9 174500f2010 14 1 where afterassessing theminimum necessarymeri4 are made 1 1 on the basis ofmeriinsteacf seniorilylfromamong the candidates 1 possesslng themini necessary merit If the criteria adoptedfor ofminimumnecessarymerit is bona8dea not unreasonable it is not open to as beingopposed to theprincipleofsenior I Il 1 cummmeritWe hold that mlnunum qual5ling marksto ascertain the mini merit necessaryfor the ofthehigherpost is not violativeoftheconcept by A Y 13 1 1 of HaryanaState Corporationlpral In case 3 1 as 2011 91SCC 422 the Honble Mr Justice CyriacJoseph while r I with the conclusion of Honble Mr Justice Altamas Kabir V consideredthe principleof senioriOlmnerit and observedas U r 2m underl 0 Il 22 Thus it is the settledpositionthat the criterion of 1 1 I lS from the criterion ofmeritand also 9 thecriterion of Wherethe is based on 1 Z l the oBlcercannot clciim as a matter t J OO 1 of right by Vlrtue of his seniorityalone If he is foundunjltto t V2 the duties of the higherpos4 he may be passedover Z and an 08icerjuniorto him may bepromoted Seniorcumamerit means Om that giventhe tnlntmum merit reqed for eolciency of administration the senior thoughless meritorious shall havepriority in the matter ofpromotion and there is no questionof a further 1 assessment of the merit of thosewho were foundto have the minimum necessary merit requiredfor eBlciencyofadministration Gm For assessingthe 7ninimumnecessary merit the competent authority Cllll lay down the mlnunum 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 perforne on the basis of servtce record and interview and prescribing the mlnunum marks which would entitle a person to be considered for promotionon the basis of senioritcum4nerit 4 IVWln1914816WllW41 1 1 1 1 49Y41m10e91vIWn Pllrn trO4 0 eo owrvwne99w nrweprvevopaIm v 1 e Batra Amit 2014.05.15 15: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Il 85 It 1 9P 1 1 1i CWPNo 17450of2010 m15m Theconceptof the of 1 certain minimum ment or a benchmark fLwd 1 j 9 and subjectto fuUillingthesaid promotionis based on Thereis nofurtherassessment ofthecomparative meritsof those who fuljIl such of mintmum ment or sat the benchmark fued On the other hand theprincipleof 15 pu greater on merit and ability and seniorityplays a less signicantrole SenioritylS glven 4 r only when merit and ability less equal are more or 1 3J 3 amongthe candidatesconsideredfor promotion 3 The aboveprinciplelaid downbytheHonble Supreme Court 1 1 9 1 even emanate from Rule 5 639of 2004 Ruleswhich inter alia mentionsthat 1 I 1 r seniority alone