Expressio Unius est exclusio alterious.
It is well settled, even where the promotion post is to be filled up on seniority-cum-merit/suitability basis, the guarantees of Articles 27 and 29(1) of the Constitution require that an employee fulfilling the qualification of the promotion post should be considered for promotion. Thus if a junior employee is promoted without considering the case of the senior employee, who fulfils the qualification of the promotion post, the guarantee of equality of opportunity in the service of the Republic or in that of a local authority is violated.
Director General, Bangladesh Standards and Testing Institution -Vs.- Matiur Rahman and others (Civil) 9 ALR (AD) 3-8 ....View Full Judgment