VidhiSangh

Supreme Court of India · 01/04/2025

THE SUPERINTENDING ENGINEER, OPERATION, TELANGANA STATE SOUTHERN POWER DISTRIBUTION COMPANY LTD. & ORS. versus CH. BHASKARA CHARY

[2025] 4 S.C.R. 543 · 2025 INSC 428

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

Summary

A power distribution company challenged High Court directions requiring it to consider an ex-casual labourer for appointment as Lower Division Clerk on par with two candidates placed below him in the list. The Supreme Court rejected the company's contention that the list was merely a list of eligible candidates and not a seniority list, upheld the direction to reconsider, but left the company free to examine its other objections (genuineness of the service certificate, absence of vacancies) while passing fresh orders within six weeks.

Issues

  1. Whether the list on which the High Court relied, in which the respondent appears at serial no. 22, was a seniority list of qualified ex-casual labourers or only a list of candidates eligible to be interviewed.
  2. Whether the respondent was entitled to have his case for appointment as Lower Division Clerk considered on par with candidates lower in the list who had been appointed pursuant to High Court orders.
  3. Whether the appellant's further objections (that the respondent's service certificate was not genuine and that no vacancy existed) could be decided by the Supreme Court.

Held

Result

Appeal disposed of. The appellant is directed to reconsider the respondent's case for appointment to the post of LDC or any equivalent vacant post, not rejecting it on the ground that the list is not a seniority list but free to consider its other objections, and to pass orders expeditiously, preferably within six weeks, the litigation having begun in 2008. No order as to costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 543.