If criteria for promotion is merit-cum-seniority, comparative merit has to be evaluated. In case of merit-cum-seniority, even a Junior may steal a march over his Seniors for accelerated promotion.
What was done in Bimlesh Tanwar v. State of Haryana, (2003) 5 SCC 604 was actually a declaration of law. Therefore, same will have retrospective effect. P.V. George v. State of Kerala, (2007) 3 SCC 557 held, power to apply Doctrine of Prospective Overruling must be exercised in clearest possible term.
Therefore, it is clear, anything done as a consequence of P.S. Ghalaut v. State of Haryana, (1995) 5 SCC 625 cannot stand since this Court did not apply Doctrine of Prospective Overruling in Bimlesh Tanwar in express terms.
– Two-Judge Bench of Hon’ble Supreme Court of India, Manoj Parihar v. State of J&K, [Special Leave Petition (Civil) No. 11039 of 2022].