B. V. Sivaiah & Ors vs K. Addanki Babu & Ors on 17 July, 1998
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 short-listed 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.