Clean Service Record Of Employee Can Be A Significant Factor In Promotion For A Selection Post: Supreme Court

The Supreme Court observed that unblemished or clean record of an employee is a significant factor while considering his/her suitability for promotion to a 'selection post'."A marred service record, though not an insurmountable bar, must carry some consequences, and it could be a comparative disadvantage in promotion for a selection post. The employer's preference for a person with a clean service record can be well appreciated", the bench comprising Justices KM Joseph and Hrishikesh Roy said.Rama Negi initially joined service in the Cantonment Board, as a Steno Typist (equivalent to Senior Clerk), on 1.9.1995. Gopal Ram Arya entering service initially as a Junior Clerk on 16.7.1990, was promoted to the Post of Steno Typist/Senior Clerk on 9.7.1997. The Cantonment Board considered their candidature and resolved to recommend Rama Negi for promotion to the "selection post" of Office Superintendent, overlooking Gopal Ram Arya. Rama Negi was held to be senior as per the rule. This was done taking into account the criterion that "Persons in the feeder grades given the same grading, those in higher scales of pay will rank senior to those in the lower scale of pay". The Board also took into account that the Office Superintendent position required a service record without misconduct and that Gopal Ram Arya was a charge sheeted person, who had accepted the charges levelled against him. Gopal Ram Arya filed writ petition challenging the resolutions of the Board in favour of Rama Negi. Allowing the said writ petition, the High Court set aside these resolutions.While considering the appeal filed by Rama Negi, the Apex Court noted that by virtue of her higher pay scale in the post of Accountant in the feeder cadre, the appellant deserves seniority."While rejecting the appellant's seniority claim in the feeder cadre by virtue of her higher salary vis-àvis the respondent no.3, the Division Bench, unfortunately, referred to the incorrect O.M. (dated 10.9.1985), overlooking the applicable O.M. (dated 12.12.1988) of the Ministry of Personnel. In this O.M., as noted earlier, it was clearly stated that the persons in the feeder cadre drawing higher scale will rank senior to those drawing lesser pay scale.", the court observed.The court also noted that the unblemished service record of the appellant vis-à-vis the pending disciplinary proceedings against Gopal Ram Arya. (eventually resulting in penalty), were taken into account. While allowing the appeal, the bench observed:All these circumstances in our opinion, weigh in favour of the appellant Rama Negi. Her Suitability for the selection post was attributable to two factors i.e. merit of the candidate and the inter-se seniority. Despite the difficulty in encapsulating the parameters for 'merit', a significant marker can be found in the unblemished record of the employee. A marred service record, though not an insurmountable bar, must carry some consequences, and it could be a comparative disadvantage in promotion for a selection post. The employer's preference for a person with a clean service record can be well appreciated HeadnotesService Law - Promotion - Seniority cum merit - A marred service record, though not an insurmountable bar, must carry some consequences, and it could be a comparative disadvantage in promotion for a selection post. The employer's preference for a person with a clean service record can be well appreciated - Despite the difficulty in encapsulating the parameters for 'merit', a significant marker can be found in the unblemished record of the employee. (Para 25)Service Law - Promotion - Seniority cum merit - Parameters for determining promotion discussed - The totality of the service of the employee has to be considered for promotion on the basis of seniority-cum-merit (Para 19-20)Summary - Appeal against High Court judgment that set aside resolution of Cantonment Board in favour of appellant in the matter of promotion to a selection post - Allowed - The unblemished service record of the appellant vis-à-vis the pending disciplinary proceedings against the respondent (eventually resulting in penalty), were taken into account - The higher pay in the same grade as per the applicable O.M., is a reliable indicator for determining inter-se seniority - All these circumstances in our opinion, weigh in favour of the appellant Rama Negi.Case: Rama Negi vs Union of India | CA 1713-1714 OF 2022 | 2 March 2022Citation: 2022 LiveLaw (SC) 236Coram: Justices KM Joseph and Hrishikesh RoyCounsel: Sr. Adv P.S. Patwalia for appellant, Sr.Adv Jayant Bhushan for respondent Click here to Read/Download Judgment

Clean Service Record Of Employee Can Be A Significant Factor In Promotion For A Selection Post: Supreme Court

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