Principles of seniority-cum-merit and merit-cum-seniority are conceptually different

The principles of seniority-cum-merit and merit-cum-seniority are conceptually different. For the former, greater emphasis is laid in seniority, though it is not the determinative factor, while in the latter merit is the determinative factor. In The State of Mysore and Anr. v. Syed Mahamood and Ors., AIR 1968 SC 1113, it was observed that in the background of Rule 4(3)(b) of the Mysore State Civil services (General Recruitment) Rules, 1957 which required promotion to be made by selection on the basis of seniority-cum-merit, that the rule required promotion to be made by selection on the basis of “seniority subject to fitness of the candidate to discharge the duties of the post from among persons eligible for promotion”.