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Supreme Court of India 2021-11-13 dismissed

Ramesh Kumar & Ors. etc vs State of Himachal Pradesh & Ors. etc

Bench: 2 — M.R. Shah

In Brief

The Supreme Court upheld the High Court's decision that requirements for passing the SAS Part II examination for promotion to the post of Accounts Officer were arbitrary and discriminatory. The Board had allowed direct recruitment for Assistant Accounts Officers without requiring this exam, but later imposed it as a mandatory qualification for their promotion. Since the requirement was not mandated for the lower post, it could not be imposed for promotion to a higher post. The Court held that once direct recruits were declared regularly appointed with fixed seniority in 2015, they were entitled to equal promotion consideration as promotee Assistant Accounts Officers, and that earlier promotions based on the discriminatory criterion must be set aside.

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