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Supreme Court of India 2022-03-02 allowed

Rama Negi vs Union of India & Ors

Bench: 2 — Hrishikesh Roy

In Brief

Rama Negi, a Steno Typist with an unblemished service record, and Gopal Ram Arya, who had entered service earlier but in a lower grade, both competed for promotion to Office Superintendent—a "selection post" under the Cantonment Rules. Though Ram Arya was earlier in service, Negi ranked senior in the feeder cadre due to her higher pay scale, as recognized by an applicable 1988 Office Memorandum. The High Court had set aside Negi's promotion, citing procedural concerns and an incorrect Office Memorandum. The Supreme Court reversed this, holding that under the seniority-cum-merit principle, Negi's seniority, higher pay, and clean service record (versus Ram Arya's disciplinary misconduct) justified her selection.

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