Senior even though less meritorious shall have priority in promotion
We thus arrive at the conclusion that the criterion of “seniority-cum-merit” in the matter of promotion postulates that given the minimum necessary merit requisite for efficiency of administration, the senior, even though less meritorious, shall have priority and a comparative assessment of merit is not required to be made. For assessing the minimum necessary merit, the competent authority can lay down the minimum standard that is required and also prescribe the mode of assessment of merit of the employee who is eligible for consideration for promotion. Such assessment can be made by assigning marks on the basis of appraisal of performance on the basis of service record and interview and prescribing the minimum marks which would entitle a person to be promoted on the basis of seniority-cum-merit.”
Supreme Court of India
Rani Laxmibai Kshetriya Gramin ... vs Manoj Kumar Chak Etc. on 9 April, 2013
https://www.lawweb.in/2013/08/senior-even-though-less-meritorious.html
