Excelsior Correspondent
Srinagar, Sept 24: The Central Administrative Tribunal (CAT) has quashed the order of Chief Engineer Irrigation and Flood Control (I&FC) making promotions from Class IV to Junior Assistant on the basis of ‘merit-cum-seniority’ and directed to promote the aggrieved employee as per seniority.
The class-IV employees who served in the department for the last 14 years were denied the promotion on the ground that he has not attained high merit in the typewriting test as such his subordinates were promoted on the basis of ‘merit-cum-seniority’.
The advocates for aggrieved employees Farhan Mirza and Asheesh Singh Kotwal, contended before the division bench of CAT comprising Sanjeev Gupta (Judicial Member) and B. Anand (Administrative Member that the authorities have adopted a criteria which is strange to the rule position, only for the purpose of throwing the applicants out of zone of selection and for accommodating their blue eyed persons.
Elaborating further, advocate Kotwal stated that it is nowhere in any of the notification or circular, the authorities have mentioned that only those candidates will be selected who had secured higher speed in typewriting and as per the recruitment rules, the minimum requirement for promotion as Junior Assistant is 30 words per minute which the applicants have successfully qualified the typewriting test with a speed of 36 words per minute and 51 words per minute i.e. much above the minimum requirement, as such, they deserve to be promoted as Junior Assistant keeping in view their seniority position as well as the fact that they have successfully qualified the typewriting test.
The issue to be decided by the Tribunal was as to whether the respondents ought to have followed the principle of ‘seniority-cum-merit’ or ‘merit-cum-seniority’ in the matter. “… no person is eligible for promotion to any post unless he or she possess the qualification as laid down in the Schedule, that all employees of Class V and VI, who have qualified the type writing test and have attained type writing speed of at least 30 words are eligible for promotion”, CAT answered.
The bench clarified that the ‘Seniority-cum-merit’ means that given the minimum necessary merit requisite for efficiency of administration, the senior though less meritorious shall have priority. Whereas the principle of merit-cum-seniority puts greater emphasis on merit and ability and when promotion is governed by this principle, seniority plays a less significant role.
“The criterion of ‘seniority-cum-merit’ in the matter of promotion postulates that given the minimum necessary merit requisite for efficiency of administration, the senior even though less meritorious, shall have priority and a comparative assessment of merit is not required to be made. The seniority of the candidates, who have qualified the type writing test prescribed by the rules, was held to be strictly the basis for promotion”, the bench said.
The CAT while quashing the order of promotion said the authorities have not placed on record any circular or communication, wherein it is mentioned that a candidate is to be granted promotion to the post and subsequent seniority on the basis of higher typing speed as such they (respondents) ought to have used the principle of ‘seniority-cum-merit’ by preparing a list of candidates who have qualified the type test, as per their seniority in the Class-IV seniority list and thereafter, promote the said candidates to the post of Junior Assistant, to the extent of available vacancies.
The bench concluded that the applicants-aggrieved employees have successfully qualified the type test as per the result notification dated 14.01.2023 in terms of SRO 180 of 1997 dated 26.05.1997, as such, directed to promote the, as Junior Assistants strictly in terms of SRO 180 of 1997 within a period of eight weeks from the date of receipt of a copy of this order.
Follow our WhatsApp channel
