Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitut ion (Eighty-Fifth) Amendment Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution (Eighty-Fifth) Amendment Act, 2001 – Art.16(4A) – Respondents were appointed to Orissa Administrative Service-II (OAS-II) posts – They were senior to appointees belonging to SC/ST category and were subsequently promoted in next higher category, OAS-I(JB) – Appellants and others belonging to SC/ST category, recruited with the respondents in subsequent batches, were given promotion to the rank of OAS-I(JB) against reserved vacancies during 1995 & 2000 – Original seniority position in the cadre of OAS-II prepared by Public Service Commission was retained without any changes – Irrespective of getting promotion in subsequent years, the inter se seniority of respondents and the SC/ST roster point promotees in the rank of OAS-I was maintained in the seniority list dated 16.05.2001 – Art.16(4A) was amended by 85th amendment – State of Orissa issued Resolution dated. 20.03.2002 issuing instructions to all the departments to extend the benefit of seniority for SC/ST govt. servants on promotion by virtue of rule of reservation – Gradation List dated. 03.03.2008 prepared by altering the seniority of respondents, contrary to the list dated.16.05.2001 – OA filed by respondents – Dismissed by Tribunal – Writ petition allowed – Held: Seniority for general category officers was restored in the Gradation List of OAS-I(JB) dated 16.05.2001, by extending the benefit of “Catch Up Rule”, evolved by Supreme Court in the case of Virpal Singh Chauhan, subsequently accepted in Ajit Singh (II) – Validity of 85th amendment was upheld in the case of M.Nagaraj – After the said amendment, amending Art.16(4A) which enabled the State to extend the benefit of promotion with consequential seniority by examining the adequacy of representation to SCs/STs in the State services, the State of Orissa has admittedly not made any provision, either by way of legislation or an executive order, to extend such benefit in the Class-I Services – Government Resolution dated 20.03.2002 is issued merely based on the instructions issued by Govt. of India, without examining the adequacy of representation in posts – It has no legal basis – Seniority/Gradation List dated 16.05.2001 of OAS-I (JB) was prepared correctly following the ratio laid down by Supreme Court – In absence of any law or decision by way of executive order based on acceptable material for conferring additional benefit of consequential seniority, the Gradation List dated 03.03.2008 was prepared by altering the positions maintained in List dated 16.05.2001 – Well reasoned judgment of the High Court is not interfered with – Service Law . |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2020 INSC 339 |
Petitioner | Pravakar Mallick & Anr. |
Respondent | The State Of Orissa & Ors. |
SCR | [2020] 5 S.C.R. 222 |
Judgement Date | 2020-04-17 |
Case Number | 3240 |
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