VidhiSangh

Supreme Court of India · 17/04/2020

PRAVAKAR MALLICK & ANR. versus THE STATE OF ORISSA & ORS.

[2020] 5 S.C.R. 222 · 2020 INSC 339

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld quashing of Orissa’s resolution and revised seniority list granting consequential seniority to reserved-category promotees without the required State assessment of representation. Article 16(4A) enables such benefit but does not confer it automatically. An appropriate executive order can suffice, but merely reproducing Union instructions without acceptable material could not displace the catch-up seniority list. Promotion reservation under the 1975 Act did not itself confer consequential seniority.

Issues

  1. Whether Article 16(4A) automatically entitled reserved-category promotees to consequential seniority.
  2. Whether Orissa’s 2002 resolution validly exercised the enabling power.
  3. Whether the existing promotion-reservation legislation conferred the disputed seniority benefit.

Provisions considered

Held

Result

Both appeals dismissed; High Court’s quashing of the 20 March 2002 resolution and consequential 3 March 2008 gradation list upheld. No costs.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 222.