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In merit-cum-senority selection process, merit should take precedence

In Tek Chand v. Bhakra Beas Management Board, the petition was filed before the Division Bench of the High Court of Himachal Pradesh that the Board (respondents) was not promoting him. The respondents contended that the appreciation letter per se did not confer any automatic right to claim promotion, as the promotion had to be made strictly in accordance with the Board’s management Regulations, thus, the Petitioner could not claim an out of turn promotion as he was listed at a rather lower rank.

The Court held that in a case of selection based on merit-cum-seniority, it is a well settled principle that merit has to be given precedence over seniority. Accordingly, appeals were dismissed.

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