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B. V. Sivaiah & Ors vs K. Addanki Babu & Ors on 17 July, 1998 cites

State Of Kerala & Anr vs N. M. Thomas & Ors on 19 September, 1975

Para 7(c) of the Second Schedule to the Rules does not, in our opinion, lend support to the contention that the criterion of seniority-cum-merit envisaged by the Rule making authority involves assessment of comparative merit for the purpose of promotion. The word "selection" has been used in the sense of selecting an officer for promotion on the basis of the criterion of seniority-cum-merit. The requirement that such selection shall be made on the basis of interview and assessment of performance reports for the preceding three years is consistent with the criterion of seniority-cum-merit as explained in the state of Kerala & Anr. v. N. M. Thomas & ors. (supra) that "given the necessary merit requisite for efficiency of administration"
Supreme Court of India Cites 53 - Cited by 534 - A N Ray - Full Document

Union Of India vs Mohan Lal Capoor & Others on 26 September, 1973

The principle of 'merit-cum-seniority' lays greater emphasis on merit and ability and seniority plays a less significant role. Seniority is to be given weight only when merit and ability are approximately equal. In the context of Rule 5(2) of the Indian Administrative Service/Indian Police Service (Appointment by promotion) Regulations, 1955 which prescribed that "selection for inclusion in such list shall be based on merit and suitability in all respects with due regard to seniority" Mathew. J. in Union of India v. Mohan Lal Capoor & Ors., 1974 (1) SCR 797, has said :-
Supreme Court of India Cites 19 - Cited by 578 - M H Beg - Full Document

State Of Mysore And Anr vs Syed Mahmood And Ors on 4 March, 1968

In state of Mysore & Anr. v. Syed Mahmood & Ors., 1968 (3) SCR 363, while considering Rule 493)(b) f the Mysore State Civil Services General Recruitment Rules, 1957 which required promotion to be made by selection on the basis of seniority-cum-merit, this Court has observed that the rule required promotion to be made by selection on the basis of "seniority subject to the fitness of the candidate to discharge the duties of the post from among persons eligible for promotion". It was pointed out that where the promotion is based on seniority- cum-merit the officer cannot claim promotion as a matter of right by virtue of his seniority alone and if he is found unfit to discharge the duties of the higher post, he may be passed over and an officer junior to him maybe promoted.
Supreme Court of India Cites 1 - Cited by 128 - R S Bachawat - Full Document

State Of Mysore vs C. R. Seshadri & Ors on 10 January, 1974

Since comparative assessment of merit is required to be made while applying the criterion of 'merit-cum-seniority' ad for 'seniority-cum-merit' no such comparative assessment is required, the aforementioned observations in the case of C.R. Seshadri (supra) on which reliance has been placed cannot be regarded as correctly reflecting as to what is meant by the criterion of 'seniority-cum-merit'.
Supreme Court of India Cites 3 - Cited by 99 - V R Iyer - Full Document

Sri Jagathigowda, C.N.& Ors vs Chairman Cauvery Gramina Bank& Ors on 31 July, 1996

In Jagathigowda , C.N. (supra) this Court was dealing with promotion made to the post of senior Manager in a rural bank which promotion was made prior to the Rules and was governed by circulars of the National Bank dated December 31, 1984 and April 7, 1986. Circular dated December 31,1984 provided that promotion to the post of Area Manager/Senior Manager should be on the basis of seniority-cum-merit. By circular dated April 7, 1986 it was prescribed that selection of the eligible candidates should be based on performance of respective candidates in the bank to be assessed by a Staff Selection Committee after interviewing the candidates. The selection was made by the selection Committee after calling the eligible officers for interview in accordance with their seniority and in the interview the marks were awarded according to the performance appraisal forms. The officers who obtained 85 marks out of 150 were shortlisted for promotion. The performance appraisal comprised of matters such as dimension of work, general intelligence, job knowledge, initiative and resourcefulness etc. The service record of the officers who assailed the promotion before the High Court was adverse. In the judgment under appeal the High Court had set aside the promotion on the ground that service record of the recent past should have been taken into consideration and in case there was nothing adverse against an officer he could not be denied promotion on the ground that some other junior to him was more meritorious and that promotions were made on the basis of selection inasmuch as marks were assigned on the basis of performance appraisal and interview. The said judgment of the High Court was reversed by this Court. It was observed that the circular dated April 7, 1986 issued by the National Bank specifically provided that 'the selection of the eligible candidates should be based on performance of respective candidates in the bank'. It was held that the High Court was not justified in holding that the performance appraisal could not be taken into consideration while considering the officers for promotion to the higher rank. It was also observed that "while making promotion on the basis of seniority-cum-merit the totality of the service record of the officer concerned has to be taken into consideration". This judgment, in our opinion, does not make a departure from the law laid down by this Court in the earlier judgments explaining the criterion of 'seniority- cum-merit' because in this case the selection had been made by taking into account the seniority as well as performance and performance was appraised by assigning marks on the basis of performance appraisal and interview. Those who secured 85 marks out of 150 marks were shortlisted for promotion which shows that securing 85 marks out of 150 marks was treated as the minimum standard of merit for purposes of promotion and those who satisfied the said minimum standard were selected for promotion on the basis of seniority.
Supreme Court of India Cites 1 - Cited by 40 - K Singh - Full Document

Sant Ram Sharma vs State Of Rajasthan & Anr on 7 August, 1967

In Sant Ram Sharma v. State of Rajasthan & Ors., 1968 (1) SCR 111, this court has pointed out that the principle of seniority ensures absolute objectivity by requiring all promotion to be made entirely on grounds of seniority and that if a post falls vacant it is filled by the person who had served longest in the post immediately below. But the seniority system is so objective that it fails to take any account of personal merit. It is fair to every official except the best ones, an official has nothing to win or lose provided he does not actually become so inefficient that disciplinary action has to be taken against him. The criterion of merit, on the other hand, lays stress on meritorious performance irrespective of seniority and even a person, though junior but much more meritorious performance irrespective of seniority and even a person, though junior but much more meritorious than his seniors, is selected for promotion. The Court has expressed the view that there should be a correct balance between seniority and merit in a proper promotion policy. the criteria of seniority cum-merit' and 'merit-cum- seniority' which take into account seniority as well as merit seek to achieve such a balance.
Supreme Court of India Cites 7 - Cited by 592 - V Ramaswami - Full Document
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