Merit-cum-seniority governs selection posts, with seniority playing only a secondary role in promotion decisions.

Promotion to the post of Research Officer was governed by merit-cum-seniority because the post was a selection post. In such appointments, seniority plays only a secondary role and is relevant only where candidates are otherwise equal in merit and suitability. The Departmental Promotion Committee must assess inter se merit and ability and prepare the select list on that basis. A prior concession that the post was to be filled on seniority-cum-fitness, having been made under a mistaken view of law, did not alter the governing legal position or bind the employer. Seniority alone therefore could not support a claim to promotion.

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Issues: Whether promotion to the post of Research Officer was governed by the principle of merit-cum-seniority as a selection post, and whether the respondent could claim promotion on the basis of seniority alone.

Analysis: The recruitment rules treated the post of Research Officer as a selection post and provided that such posts were to be filled on the basis of merit-cum-seniority. In a selection post, seniority has only a secondary role and enters the process only when candidates are otherwise similarly placed in merit and suitability. The Departmental Promotion Committee was therefore required to assess the inter se merit and ability of eligible candidates and prepare the select list accordingly. The earlier concession that the post was to be filled on seniority-cum-fitness was made under a mistaken impression of law and could not bind the employer. A wrong concession on a question of law does not control the legal position.

Conclusion: The respondent was not entitled to promotion merely on seniority, and the select list could not be assailed on that ground.

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