Gauhati High Court Upholds Merit-Based Promotion Policy in Service Law Dispute

Court Finds No Bias or Procedural Irregularities in Promotion Process from Scale-VI to Scale-VII

In a recent judgment, the Gauhati High Court has upheld the decision of the promotion of officers from Scale-VI to Scale-VII within an organization, emphasizing the primacy of merit in accordance with the Promotion Policy. The Division Bench comprising Mr. Michael Zothankhuma and Mr. N. Unni Krishnan Nair dismissed the appeal filed by Lathrang Born Buam, challenging the promotion of his colleagues over him despite his seniority.

The appellant contended that the promotion process was flawed, arguing that seniority was not duly respected, and alleged that subjective satisfaction rather than objective assessment influenced the promotions. However, the court found no procedural infirmities or evidence of bias, mala fides, or arbitrariness in the promotion process.

The court reiterated that promotions from Scale-VI to Scale-VII should be based on merit, with seniority being respected only when all other factors are equal. It emphasized that judicial review is limited to assessing whether the selection process was fair and impartial and does not involve substituting the court's assessment for that of the expert committees involved.

The judgment also addressed the appellant's contention regarding pending criminal proceedings against one of the promoted officers, clarifying that mere pendency of an FIR without a charge sheet being filed cannot be a ground to deny promotion.

The appellant's claim that the promotion process relied excessively on subjective satisfaction was also dismissed. The court affirmed that the existing promotion policy provides for a structured assessment based on objective criteria, including work records, seniority, and interviews, aligning with organizational efficiency and needs.

Ultimately, the court concluded that the promotion policy was adhered to and that the appellant's overall marks were lower than those of the last selected candidate, even after considering seniority. There being no allegations of mala fides, the court found no reason to interfere with the promotions.

Bottom Line:

Promotions from Scale-VI to Scale-VII should be based on merit while giving due respect to seniority, as per the Promotion Policy. The Court will not interfere with the marks awarded by the Screening and Promotion Committees unless the process is vitiated by bias, mala fides, or arbitrariness.

Statutory provision(s): Clauses 7.1, 7.2, 8.1, 9.1.1, 9.1.2, 11.5, 13.0.1.3, 13.1, 13.1.1 of the Promotion Policy

Lathrang Born Buam v. Union of India, (Gauhati)(DB) : Law Finder Doc Id # 2821861