Senior, Even Though Less Meritorious, Shall Have Priority: Supreme Court
Case: Tek Chand vs. Bhakra Beas Management Board
Coram: Justices Navin Sinha and R. Subhash Reddy
Case No: [CA 4482 OF 2021]
Court Observation: “Other things being equal between competing candidates, seniority is to be given due weightage. But it does not mean that even if a junior is more meritorious by way of possessing an appreciable initiative certificate which the senior does not, irrespective of the same, the senior shall march ahead on the seniority cum merit principle”
“The use of the word ‘and, to our understanding does not make it compulsory for the candidate to possess both because in that event the question of selection from amongst the eligible post on the seniority cum merit principle would not apply strict sensor.”
After reading the judgment you will find that the appeal, therefore, is allowed holding that the appellants were eligible to be considered for promotion. Their orders of promotion are restored subject to the principle of senioritycum-merit as discussed hereinabove.
[doc id=7479]
Previous Judgments
Writ Jurisdiction Not For Deciding ‘Hotly Disputed Questions Of Facts’, Reiterates Supreme Court
Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court – Directly Download Judgment
Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence: Supreme Court – Directly Download Judgment
Keywords
Senior, Supreme Court, Meritorious, Merit Principle & Judgment.
