The Supreme Court, in the case of Tek Chand v Bhakra Beas, explained the seniority-cum-merit principle as one which, given the minimum merit requisite for the administration, prioritizes seniority over applicant’s merit.
In the instant case, the appellants had been promoted to the post of Leading Fireman in accordance to the Bhakra Beas Management Board Class III and Class IV Employees (Recruitment and Conditions of Service) Regulations, 1994.
However, the same were annulled by the High Court through a writ petition filed by their junior. The court recalled the promotions on the ground that they were ineligible under the Regulation, 1994.
During the appeal, the court noted that the Regulations provided that appointment by promotion had to be made on the basis of seniority, and no employee could claim it as a matter of right.
It further observed that one possessing good reports would be eligible for the promotion, and other things being equal, seniority ought to be given more weightage.
It disagreed with the High Court’s view which stated that if the candidate appeared to possess an appreciable initiative and good reports, then only he/she would be eligible for promotion.
The court also referred to its verdict in the case of B.V. Sivaiah and Ors. v K. Addankl Babu and Ors. wherein it observed that given necessary requisites, even if the senior is less meritorious, it would be given more preference. The court highlighted that comparative assessment of merit would not be required.
The court, therefore, reiterated its verdict in the instant case and allowed the promotion of appellants. Though it disagreed with High Court’s view, it did not interfere with the order which granted promotion to petitioner.
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