Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Nature and purpose of the Act OR/SSA SERVICE OF ENGINEERS (VALIDATION OF APPOINTMENT) ACT 2002 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ORISSA SERVICE OF ENGINEERS (VALIDATION OF APPOINTMENT) ACT, 2002:Nature and purpose of the Act - Held: The Act cannot be said to be a validating enactment - The enactment in the case at hand deals with the law relating to regularisation of incumbents holding. public office on ad hoc or temporary basis, much in the same way as regularisation of such temporary appointments is ordered in terms of a scheme for that purpose - Legislation under challenge was not a Validation Act as it purported to be but an enactment that regularised the appointments of graduate Stipendiary Engineers working as ad hoc Assistant Engineers as Assistant Engineers - Interpretation of statutes - Title of enactment.Act granting regularisation of ad hoc Stipendiary Engineers - Constitutional validity of - Held: Legislation under challenge does not suffer from any constitutional infirmity and High Court was in error in having struck it down - Impugned judgment of High Court set aside.Regularisation of ad hoc Stipendiary Engineers - Held : The appointment process of unemployed degree holders started with the resolution passed by State Government - The resolution further envisaged their absorption in .service after a period of two years -Further, their appointments were made on the basis of a selection process and on the basis of merit Appointment of Stipendiary Engineers on ad hoc basis came pursuant to the direction from High Court -- Their appointment were made pursuant to a notification by which everyone who was unemployed and held an Engineering degree in any discipline was free to make an application - The process of ·appointment was at no stage questioned before the court - It cannot be said that there was complete arbitrariness in the manner of such appointments so as to violate Arts. 14 and 16 of the Constitution - Constitution of India, 1950 - Arts. 14 and 16.Regularization of ad hoc Stipendiary Engineers -- Degree holder Junior Engineers -- Held: They were qualified for appointment as Assistant Engineers as they possessed degrees from recognised institutions, they were appointed against the sanctioned posts - Each one of them has worked ·for more than 10 years ever since his appointment as ad hoc Assistant Engineer - Therefore, these appointments of Stipendiary Engineers on ad hoc basis cannot be said to be illegal so as to fall beyond the purview of the scheme envisaged in Umadevi's case, which permitted regularisation of irregular appointments and not illegal appointments - Entry of degree holder Junior Engineers as Stipendiary Engineers. and later as Assistant Engineers cannot be said to be through "the backdoor" -- Legislative enactment granting such regularisation does not call for interference at this late stage when those appointed or regularised have already started retiring having served their respective departments, in some cases for as long as 22 years.Regularisation of degree holder Junior Engineers - Held: The writ petitioners cannot be said to be similarly situated as the Stipendiaries only because they were also working as ad hoc Assistant Engineers - A challenge based on "under inclusion" is not readily accepted by courts - However, degree holder Junior Engineers currently working as ad hoc Assistant Engineers are entitled to the relief of regularisation in service, having regard to the fact that they have rendered long years of service as Assistant Engineers on ad hoc basis for 17 to 18 years in some cases.ss.3(2) and 3(3) - Seniority - Granted to Stipendiary Assistant Engineers from the date of their ad hoc appointment as such - Held: To this extent the Court can suitably mould the relief - In the circumstances, the degree holder Junior Engineers currently working as Assistant Engineers on ad hoc basis i.e. writ petitioners in High Court, are entitled to the relief of regularisation with effect from the same date as the Validation Act granted such regularisation to Stipendiary Engineers - There is no illegality or constitutional infirmity in the provisions of s. 3(2) or s. 3(3) of the impugned legislation - Similarly, degree holder Junior Engineers promoted as Assistant Engineers on ad hoc basis, who have been held to be entitled to regularisation on account of their length of service should also be given a similar benefit - But all such regularised Assistant Engineers from Stipendiary Stream and from Junior Engineers category would together rank below the promotee Assistant Engineers. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 113 |
Petitioner | Amarendra Kumar Mohapatra & Ors. |
Respondent | State Of Orissa & Ors. |
SCR | [2014] 2 S.C.R. 1031 |
Judgement Date | 2014-02-19 |
Case Number | 8322 |
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