Promotion Under Seniority-Cum-Merit Must Follow Cadre Seniority, Not Initial Appointment Date: Bombay HC

The Bombay High Court has ruled that where promotions are governed by the principle of seniority-cum-merit, seniority must be determined within the feeder cadre and not from the date of initial appointment.

A Division Bench of Justices R.I. Chagla and Advait M. Sethna held that once eligibility and minimum merit are satisfied, promotion must follow the final seniority list.

The Court quashed the Departmental Promotion Committee’s decision, observing that executive communications cannot override statutory service rules framed under Article 309.

Promotions to Superintending Engineer were directed to be reconsidered strictly as per the Final Seniority List dated 11 September 2024.

[Bipin Vasant Shinde & Ors. v. Pune Municipal Corporation & Ors.]