Service Law :

Promotion-Rule prescribing seniority-cum-merit criterion-Authority making promotion on the basis of officers securing highest marks amongst eligible officers-Challenged-Held, seniority-cum-merit implies prescribing minimum standard for assessing merit and from amongst those fulfilling the minimum standard making promotion on the basis of inter-se seniority - Comparative assessment of merit not required-Requirement of interview and assessment of service in Rule cannot be construed as permitting comparative assessment - Principle laid down applied to promotions in different Regional Rural Banks - Regional Rural Banks (Appointment and Promotions of Officers and other Employees) Rules, 1988-Second Schedule, Para 7.

Promotion-Employees appointed on same date and having same length of service-Interse seniority - Determination of - Held, it is determined on the basis of placement in the Select List for appointment - Such determination confers certain rights - Seniority-cum-merit criterion gives effect to such rights flowing from seniority-select list.

Promotion-Seniority-cum-merit and merit-cum-seniority-Comparison of - Held, seniority-cum-merit lays greater emphasis on seniority and comparative assessment of merit not required, whereas merit-cum-seniority lays greater emphasis on merit and ability and comparative assessment of merit required.  

Delay/Laches-Promotion challenged after five years-Persons promoted acquiring certain rights-Held, persons cannot be deprived of such rights-Petition rightly rejected-Constitution of India-Article 226. 

Words & Phrases- 'Seniority-cum-merit' & 'Merit-cum-seniority'- Meaning of in Service Law.