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Chandra Gupta, I.F.S vs Secy., Govt. Of India on 12 September, 1994 cites

State Bank Of Mysore vs G.P. Thulasi Bai on 24 July, 1985

10 (1981) 3 SCC 545 :1981 SCC (L&S) 534 11 (1981) 4 SCC 130: 1981 SCC (L&S) 562 12 1986 Supp SCC 143 : 1986 SCC (L&S) 547 13 (1989) 2 SCC 541 : 1989 SCC (L&S) 375 :(1989) 10 ATC 378 33 The effect of this change obviously was that now only 50 per cent vacancies in the post of Deputy Collector being available in place of all the vacancies it was to take almost double the time for many other allocated Tehsildars to get promoted as Deputy Collectors. In other words it resulted in delayed chance of promotion. It was, inter alia, urged on behalf of the petitioners that the situation brought about by the rules of 30-7-1959 constituted variation to their prejudice in the conditions of service applicable to them immediately prior to the reorganisation of the State and the rules were consequently invalid. While repelling this submission the Constitution Bench held: (SCC p. 329, para 15) "All that happened as a result of making promotions to the posts of Deputy Collectors divisionwise and limiting such promotions to 50 per cent of the total number of vacancies in the posts of Deputy Collector was to reduce the chances of promotion available to the petitioners. It is now well settled by the decision of this Court in State of Mysore v. G.B. Purohit7 that though a right to be considered for promotion is a condition of service, mere chances of promotion are not. A rule which merely affect chances of promotion cannot be regarded as varying a condition of service. In Purohit case7 the districtwise seniority of sanitary inspectors was changed to Statewise seniority, and as a result of this change the respondents went down in seniority and became very junior. This, it was urged, affected their chances of promotion which were protected under the proviso to Section 115, sub-section (7). This contention was negatived and Wanchoo, J., (as he then was), speaking on behalf of this Court observed:
Karnataka High Court Cites 2 - Cited by 29 - Full Document

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

33. Therefore, what is essential is merit and not mere seniority. This Court in Sant Ram Sharma v. State of Rajasthan3 has stated as follows: (SCR p.118) "... 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."
Supreme Court of India Cites 7 - Cited by 592 - V Ramaswami - Full Document

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

16. Mere expunction of remarks itself will not make the appellant more meritorious. The ratio of the judgment of this Court in State of Mysore v. Syed Mahmood4 will apply. Unless and until, therefore, the appellant proves that after expunction of remarks he had a more meritorious record than these respondents, he cannot succeed. In any event, insofar as the review is concerned the Departmental Promotion Committee considered the case of the appellant after the expungement and directed that he might be promoted prospectively to the post of Chief Conservator of Forests. The appellant cannot have any grievance.
Supreme Court of India Cites 1 - Cited by 128 - R S Bachawat - Full Document

Lakhi Ram vs State Of Haryana And Ors. on 18 February, 1981

24. This Court in Lakhi Ram v. State of Haryana2 held as under: (SCC p. 675, para 1) "The appellant filed the writ petition challenging the action of the Government expunging the adverse remarks made in the annual confidential report of Respondent 6. The High Court took the view that the appellant was not entitled to complain against the expungement of adverse remarks made in the confidential report of another officer. But this view is, in our opinion, erroneous because the effect of expungement of adverse remarks in the confidential report of Respondent 6 is to prejudice the chances of promotion of the appellant and if the appellant is able to show that the expungement of the remarks was illegal and invalid, the adverse remarks would continue to remain in the confidential report of Respondent 6 and that would improve the chances of promotion of the appellant vis-a-vis Respondent 6. The appellant was, therefore, clearly entitled to show that the Government acted beyond the 31 scope of its power in expunging the adverse remarks in the confidential report of Respondent 6 and that the expungement of the adverse remarks should be cancelled. The appellant had, in the circumstances, locus standi to maintain the writ petition and the High Court was in error in rejecting it on the ground that the appellant was not entitled to maintain the writ petition."
Supreme Court of India Cites 0 - Cited by 32 - P N Bhagwati - Full Document

Union Of India & Ors vs E.G. Nambudiri on 23 April, 1991

28. As to the applicability of natural justice, while rejecting the representation against expunction of adverse remarks by a speaking order this Court pointed out in Union of India v. E. G. Nambudiri15 as under: (SCC p. 45, para 9) 14 (1990) 2 SCC 228: 1990 SCC (L&S) 231 :(1990) 12 ATC 742 15 (1991) 3 SCC 38: 1991 SCC (L&S) 813: (1991) 17 ATC 104 34 "There are however, many areas of administrative activity where no reasons are recorded or communicated, if such a decision is challenged before the court for judicial review, the reasons for the decision may be placed before the court. The superior authority while considering the representation of a government servant against adverse remarks, is not required by law to act judicially, it is under no legal obligation to record or communicate reasons for its decision to the government servant. The decision, rejecting the representation does not adversely affect any vested right of the government servant nor does it visit him with any civil consequences. In many cases having regard to infinite variations of circumstances, it may not be possible to disclose reasons for the opinion formed about the work and conduct or character of the government servant."
Supreme Court of India Cites 4 - Cited by 193 - K N Singh - Full Document
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