A division bench of the Supreme Court comprising of Justice Indira Banerjee and Justice C.T. Ravikumar dismissed the civil appeals while exercising its corrective jurisdiction under Article 136 of the Constitution of India. A writ petition was pending in the High Court of Orissa resulting in the pendency on the issue of promotions in the grade of ASOs. The Supreme Court requested the Orissa High Court to expeditiously deal with the matter for administrative ease.
Facts:
It is the case that direct recruitment notification for direct recruitment under the General Recruitment Drive and the appointments of candidates from the consequently drawn list were effected subsequently. Pursuant to their appointment, the first Respondent, State of Orissa published a tentative gradation list of seniority in the post of ASOs in the State of Orissa. In the said gradation list, the appointees from the General quota were assigned seniority over the special recruitees. Aggrieved by the assignment of seniority in the aforesaid manner in the gradation list, Respondent No.7 filed representation raising objection. According to her, similarly situated persons have also filed such representations. Disregarding their contentions and objections the final seniority list in the said grade of ASOs was drawn and published and this led to the filing of the afore-stated Writ Petition.
When the Writ Petition came up for admission, a learned Single Judge of the High Court passed an interim order directing that any promotion pursuant to the Gradation List shall be subject to the result of the writ petition. It is assailing the said interlocutory order dated 24.09.2020 that Writ Appeal No.612 of 2020 was filed. The Division Bench passed an interim order in I.A. No.1694 of 2020 on 25.01.2021 on the following lines: - “Heard learned counsel for the parties. As an interim measure, this Court directs that there shall be no promotion shall be given to anybody without the leave of this Court. The I.A. is accordingly disposed of.” Later, the said Writ Appeal itself was disposed of on 24.02.2021. Taking note of the pendency of the Writ Petition, the Division Bench ordered that it would be open to the parties to argue the Writ Petition on merits and requested the learned Single Judge to dispose of W.P. (C) No.24191 of 2020 within a period of one month as a number of promotional posts were lying vacant due to the pendency of the said Writ Petition. It was further ordered therein thus: - “Since we request the learned Single Judge to dispose of the Writ Petition within a period of one month, the interim order dated 24.09.2020 passed in I.A. No.10848 of 2020 shall continue till disposal of the W.P. (C) No.24191 of 2020 by the learned Single Judge. The Writ Appeal is disposed of.
Observations of the Court:
The scope of exercise of corrective jurisdiction under Article 136 of the Constitution of India has to be looked into in the light of the aforesaid undisputable position that the Writ Petition itself is pending before the learned Single Judge of the High Court. It is a fact that no issue was finally decided by the High Court, warranting exercise of corrective jurisdiction of this Court under Article 136 of the Constitution. The fact is that those vacancies in the promotional post are still lying vacant. Certainly, non-filling of vacancies in the promotional post would be prejudicial to the interests of the administration of any service. Normally, when the seniority list is in challenge and a number of vacancies are available in the promotional post, promotions would be permitted to be effected subject to the result of the Writ Petition carrying challenge against the seniority list.
Decision:
Taking note of the totality of the circumstances and also the balance of convenience, the bench disposed of these Civil Appeals and requested the High Court of Orissa to dispose of the Writ Petition No.24191 of 2020 as expeditiously as possible.
Case: Arjun Murmu v. State of Odisha & ors. with Radhamohan Hembram & Ors. v. State of Odisha & Ors.
Citation: Civil Appeal No. of 2022 (@ Special Leave Petition (C) No.14996 of 2021) with Civil Appeal No. of 2022 (@ Special Leave Petition (C) No.17933 of 2021)
Coram: Justice Indira Banerjee and Justice C.T. Ravikumar
Decided on: September 23rd, 2022
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