VidhiSangh

Supreme Court of India · 20/01/2025

JYOSTNAMAYEE MISHRA versus THE STATE OF ODISHA AND ORS.

[2025] 1 S.C.R. 834 · 2025 INSC 87

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

Summary

The Supreme Court dismissed a peon's claim to promotion as Tracer because the Orissa Subordinate Architectural Service Rules, 1979 require all Tracer posts to be filled by direct recruitment through public advertisement, and earlier irregular promotions of other peons could not found a claim of discrimination, since Article 14 does not envisage negative equality. It criticised the State for never placing the statutory rules before the Tribunal or the courts.

Issues

  1. Whether an employee outside the feeder cadre can claim promotion to a post that the statutory rules require to be filled 100% by direct recruitment.
  2. Whether a direct-recruitment vacancy can be filled by an internal departmental circular instead of a public advertisement.
  3. Whether promotion of other peons as Tracers entitled the petitioner to parity under Article 14.
  4. Consequences of the parties' failure to place the correct statutory rules on record.

Provisions considered

Held

Result

Special leave petition dismissed; a copy of the judgment directed to be sent to the Chief Secretary, State of Odisha for corrective steps.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 834.