The Tribunal also declared that the appellant was entitled to his seniority on the basis of his past service with all “attendant benefits towards promotion from the date of which his juniors” were promoted along with increments, time scale, fixation of pay etc with arrears. Against the decision of the Administrative Tribunal.
We are constrained to hold that the Administrative Appellate Tribunal acted illegally in allowing the appeal, setting aside those of the Administrative Tribunal and we find merit in the appeal and accordingly, the same is allowed. The decision of the Administrative Appellate Tribunal is set aside and those of the Administrative Tribunal are restored. .....Md. Mahmudul Haque =VS= Government of Bangladesh & others, (Civil), 2016-[1 LM (AD) 123] ....View Full Judgment

The Tribunal allowed the said applications and held that the appellants herein were not treated as qualified for promotion i.e. eligible on the ground that they had not put in five years’ service in the Kerala region of EPFO, having relied on the words in the above quoted Rule which requires five years’ regular service “in the respective regions”. These appeals against the impugned common judgment and order dated 10.8.2011 passed by the High Court of Kerala in O.P.(CAT) Nos.2518 and 2525 of 2011, whereby the High Court affirmed the order dated 19.7.2011 passed by the Central Administrative Tribunal Ernakulam. We allow these appeals, set aside the impugned judgment and order passed by the High court as also the aforesaid order/s of the Tribunal insofar as these appellants are concerned, and hold that the appellants are entitled to be treated as eligible and qualified for promotion in the Kerala region for the post of EO/AO in the Employees Provident Fund Organisation. .....M.M. Thomas =VS= Union of India, (Civil), 2017 (2)– [3 LM (SC) 30] ....View Full Judgment

Promotion is not a matter of right, it is to be earned by meritorious service which includes efficiency, good conduct, character and integrity, dynamic personality and, above all, sense of value and promotion. Seniority alone is not sufficient for promotion but it is certainly one of the primary requisites for promotion. Though by seniority alone a person cannot earn promotion, he, by virtue of seniority, has a right to be considered for promotion. .....Bangladesh Bank & another =VS= Sukamal Sinha Choudhury & another, (Civil), 2016-[1 LM (AD) 56] ....View Full Judgment

It appears from the impugned memo that it was issued from the Police Headquarters in the form of directives, of them, directive No.5 contains an embargo upon the promotion prospect in respect of those who have landed with three major punishments. In paragraph 6, it has been mentioned that the officers who have received less than three major punishments shall not be eligible for consideration for promotion before expiry of 3 years from the date of punishment. These are policy matters relating to the terms and conditions of service of a police officer and this power has not been given to the Inspector-General of Police by the Police Act or the Bengal Police Regulation or any other law. .....Bangladesh & others =VS= Md. Abdus Satter & others, (Civil), 2016-[1 LM (AD) 378] ....View Full Judgment

Promotion–
The writ-petitioner and writ-respondent No.4 joined the BARI long before the 2011 Service Rules, their service will be regulated by the Service Rules of 1990. According to rule 7 of the Rules, 1990, the appointing authority is the Board and any decision regarding promotion is also to be decided by the Board. The Board of Management in its 51st meeting on 27.01.2014 noted that the writ-petitioner is senior to writ-respondent No.4. Noting also that it was necessary that the candidate for promotion should have five years’ experience as Assistant Director, the proposal was put forward recommending promotion of the writ-petitioner. After discussion the Board unanimously decided to approve the promotion of the writ-petitioner. We find no reason to doubt the competence and legality of the decision taken by the Board of Management. The appeal is allowed, without however, any order as to costs. The writ-respondents, other than writ-respondent No.4, are directed to pay all the benefits to the appellant as Senior Assistant Director from the date of his promotion to that post. ...Mahbubur Rahman Basunia(Md.)=VS=Government of Bangladesh, (Civil), 2019 (2) [7 LM (AD) 76] ....View Full Judgment