STATE OF MYSORE AND ANR. vs SYED MAHMOOD AND ORS.

The Supreme Court held that Rule 4(3)(b) of the Mysore State Civil Services General Recruitment Rules, 1957 mandates promotions based on seniority-cum-merit. The Court found that the State Government failed to consider the fitness of the respondents, who were junior statistical assistants, for promotion, and thus the promotions made were irregular. The High Court's directive for retrospective promotion was deemed inappropriate as it did not allow the State Government to first assess the respondents' fitness for promotion. The Court allowed the appeal, emphasizing that promotion cannot be claimed solely based on seniority.