2021 LAB. I. C. 624 ::AIROnline 2020 MEG 39 ::2020 (4) Gau LT 969

Meghalaya High Court

Hon'ble Judge(s): W. Diengdoh , J

Assam Excise Act (1 of 1910) , S.36— Meghalaya Excise (Subordinate) Service Rules (2010) , R.7(1), R.12, R.20— Promotion - Gradation list - Challenge as to - Petitioner appeared for written test conducted by MPSC and declared successful - Petitioner completed training and cleared departmental examination as Inspector of Excise - Petitioner having been appointed as direct recruit to post of Inspector of Excise in 2013 is definitely junior to promotees who were promoted to post of Inspector of Excise on 2012 - Petitioner was placed in gradation list below private respondents, who were promotees of relevant years - Petitioner submitted that (2012) 13 SCC 340 does not survive, having duly acknowledged that same has been overruled by recent case of 2019 SCC Online SC 1494, has rendered case infructuous as far as prayer made in petition - Petitioner not entitle to relief claimed. (Para 31 32 35)