NARINDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Application has been filed by an employee of the Union of India (Border Roads) praying that the date of promotion may be antidated and he should be given all the promotional benefits and seniority from that date to the post of Charge Machanic and his promotion should be given effect from the date the Respondent No. 6 got promotion to the said post.

(2.) The brief facts are as follows:- The admitted position is that Respondent No. 6 is junior to the petitioner. There was a Trade Test held on 2.5.92 and in the Trade Test the petitioner was not promoted, but Respondent No. 6 was promoted. In the Trade Test it was found that the petitioner was average and the Respondent No. 6 had a better grading. An affidavit-in-opposition has been filed, wherein in paragraph-3 it has been stated that:-

(3.) A bare perusal of the Annexure and other materials on records it was found that the petitioner was graded as average and as such he was not granted the promotion. The admitted position in this case as will be seen from the affidavit-in-opposition is that the promotion was by way of seniority-cum-merit as admitted in Paragraph-3 quoted above. In paragraph-5 of the affidavit-in-opposition it has been stated that an individual is considered for higher promotion based on seniority-cum- merit subject to availability of the post. If a person is deemed to be average whether he is entitled to get the promotion or not? This aspect of the matter came up for consideration in AIR 1976 Supreme Court 490, (State of Kerala and Another, Appellant-Vs-N.M. Thomas and others, Respondents), wherein in paragraph-3 8, the Supreme Court pointed cut, "With regard to promotion the normal principles are either merit-cum-seniority or seniority-cum-merit. Seniority-cum-merit means that given the minimum necessary merit requisite for efficiency of administration, the senior though less meritorious shall have priority."