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Amarendra Kumar Mohapatra and Others v. State of Orissa and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8322 of 2009)Decided 19 Feb 2014
Civil Appeal No. 8322 of 2009
Justice T.S. Thakur · Justice Vikramajit Sen

Background

Odisha enacted a law validating the appointment of 881 former stipendiary engineers as Assistant Engineers, despite departure from the ordinary recruitment rules. The High Court struck it down as discriminatory. Degree-qualified Junior Engineers already working for many years as ad hoc Assistant Engineers also sought regularisation and seniority protection.

Decision Breakdown

The Court upheld the validating law and set aside the High Court judgment. The stipendiary engineers formed a distinct group selected under a particular government employment policy, giving the classification a rational basis. It also regularised the qualifying in-service Junior Engineers already serving as ad hoc Assistant Engineers from the validation law's commencement, placing them below regular promotees and above the stipendiary group, with seniority by first ad hoc appointment. It refused to compel fresh appointments under a proposed five-per-cent quota that never became a binding recruitment rule. Other unresolved seniority and reservation questions remained open.

Lesson Learnt

A proposed recruitment quota is not enforceable merely because a government resolution mentions it. Relief for engineers already serving continuously in higher substantive posts does not automatically entitle others to new appointments.

Official source (sci.gov.in)View Judgment (PDF)

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