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1 - 7 of 7 (0.36 seconds)Article 309 in Constitution of India [Constitution]
Article 162 in Constitution of India [Constitution]
P. C. Wadhwa vs Union Of India & Anr on 27 August, 1963
The
decision of this Court in P. C. Wadhwa v. Union of India(1)
is therefore of no assistance to the petitioner and for the
reasons we have already given, we are of the opinion that
the three posts of Inspector General of Police, Additional
Inspector General of Police and Deputy Inspector General of
Police in Rajasthan State are selection posts and outside
the junior or senior time-scales of pay. If these three
posts are selection posts it is manifest that the State of
Rajasthan is not bound to promote the petitioner merely
because he stood first in the Gradation List. The
circumstance that these posts are classed as 'Selection
Grade Posts' itself suggests that promotion to theme posts
is not automatic being made only on the basis of ranking in
the Gradation List but the question of merit enters in
promotion to selection posts. In our opinion, the
respondents are right in their contention that the ranking
or position in the Gradation List does not confer any right
on the petitioner to be promoted to selection posts and that
it is a well-established rule that promotion to :selection
grades or selection posts is to be based primarily on merit
and not on seniority alone. The principle is that when the
claims of officers to selection posts is under
consideration, seniority should not be regarded except where
the merit of the officers is judged to be equal and no other
criterion is therefore available. The administrative
practice with regard to selection posts is laid down in a
letter of the Government of India dated July 31 ,August, 3,
1954 as follows: -
T. Cajee vs U. Jormanik Siem And Another on 20 September, 1960
was taken by this Court in T. Cajee v. U. Jormanik Siem(1)
where Wanchoo, J., as he then was, who delivered judgment on
behalf of the majority, observed as follows at pp. 762-764
of the Report:
Section 3 in The All India Services Act, 1951 [Entire Act]
The All India Services Act, 1951
1