Southern Power Distribution Company of Telangana Ltd. v. B Ramesh
Background
The respondent, a Contract Junior Lineman, suffered a fracture in an accident while on duty and could not clear the mandatory physical (pole-climbing) test required for regular appointment. He sought appointment instead to the post of Office Subordinate, relying on the case of another employee, A. Anjaneyalu, who had suffered a permanent disability (amputation) in a work accident and had been given such an alternate post. The High Court's Single Judge and Division Bench both directed the power distribution company to appoint the respondent as Office Subordinate on this basis.
Decision Breakdown
The Supreme Court held that the two cases were not comparable: Anjaneyalu had suffered a permanent disability from the accident, while the respondent had only a fracture with no permanent disability, and had earlier been given a chance to attempt the physical test (which he failed) before raising his disability claim as an afterthought. The Court held that directing an alternate appointment without a proper selection process would run contrary to Article 16's mandate of equal opportunity in public employment, and that mere long pendency of litigation (since 2007) could not itself justify an appointment lacking legal basis. The appeal was allowed and the High Court's orders were set aside.
Lesson Learnt
Courts will not direct a "backdoor" alternate government appointment out of sympathy or because litigation has dragged on for years: public employment must generally follow a proper, open selection process consistent with the constitutional guarantee of equal opportunity, unless the facts are genuinely on par with an established precedent.