JUDGEMENT
S.D. Anand, J. -
(1.) On a conjunctive perusal of the pleadings of the parties, it is apparent and it is also conceded that the controversy between the parties in these writ petitions is with regard to the interpretation of the seniority -cum -merit rule.
(2.) The petitioners are concededly senior to the private respondents, though it is the latter who came to be promoted in preference to the former on the basis of higher merit.
(3.) Indicating his interpretive endeavour, the learned Counsel for the petitioners argued that given the minimum merit, the rule of seniority has to prevail and a junior employee cannot steal a march over a senior employee just because the former may have exhibited little more merit at the relevant tests etc. Reliance, in support of the advocated view, was placed upon B.V. Sivaiah and Ors. v/s. : (1999)ILLJ754SC , Harigovind Yadav v/s. Rewa Sidhi Gramin Bank and Ors., AIR 2006 SCW 2822 and also Bhagwandas Tiwari and Ors. v/s. : AIR2007SC994 .;
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