Arjun Murmu Versus The State of Odisha & Ors.

Arjun Murmu Versus The State of Odisha & Ors. case

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

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Non-Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No. of 2022

(@ Special Leave Petition (C) No.14996 of 2021)

Arjun Murmu

 …Appellants

Versus

The State of Odisha & Ors.

 …Respondents

With

Civil Appeal No. of 2022

(@ Special Leave Petition (C) No.17933 of 2021)

Radhamohan Hembram & Ors.

…Appellants

Versus

State of Odisha & Ors.

…Respondents

J U D G M E N T

C.T. RAVIKUMAR, J.

1. Leave granted.

2. These Appeals are filed against the final judgment and

order dated 14.07.2021, passed by the High Court of Orissa at

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Cuttack in I.A. No.1000 of 2021 in Writ Appeal (W.A.) No.612 of

2020. The Appeal arising from SLP(C) No.14996 of 2021 is filed

by the Appellant in W.A. No.612 of 2020 and he is Respondent

No.7 in the Appeal arising from SLP(C) No.17933 of 2021 filed by

third parties to the stated interlocutory application and also the

stated Writ Appeal. As a matter of fact, the Appellants in the

Appeal arising from SLP(C) No. 17933 of 2021 are not parties

even to Writ Petition No.24191 of 2020 and the interim order

passed in I.A. No.10848 of 2020 thereon dated 24.09.2020 led to

the filing of W.A. No.612 of 2020. The party Respondents in

W.P.(C) No.24191 of 2020 are Respondent Nos. 5 and 6 in both

the Appeals. For the sake of convenience, the parties are

referred to hereinafter in this judgment in accordance with their

rank and status in the latter Appeal arising from SLP(C) No.17933

of 2021 as all the parties in the former Appeals are arrayed as

Respondents therein, unless otherwise specifically mentioned.

All the private parties viz., the petitioners and the party

Respondents belong either to the batch of directly recruited

Assistant Section Officers (for short, ‘ASOs’) under the special

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recruitment drive for the backlog vacancies for Scheduled

Tribes or batch of directly recruited ASOs under the General

Quota, in Governor’s Secretariat / State Secretariat in the State of

Odisha. The subject matter of the W.P.(C) No.24191 of 2020 is

regarding the fixation of inter se seniority between the said

batches of ASOs, (evidently recruited and appointed in the same

recruitment years) in the final gradation list of ASOs published

vide Notification dated 11.06.2020.

3. In view of the manner in which we intend to dispose of the

Appeals it is unnecessary to delve into the facts. Notification for

the special recruitment drive was first in point of time and

naturally on culmination of the selection process candidates

from the rank concerned were appointed earlier in point of time.

It is the case that direct recruitment notification for direct

recruitment under the General Recruitment Drive and the

appointments of candidates from the consequently drawn list

were effected subsequently. Pursuant to their appointment, the

first Respondent, State of Orissa published a tentative gradation

list of seniority in the post of ASOs in the State of Orissa on

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12.04.2018. In the said gradation list, the appointees from the

General quota were assigned seniority over the special

recruitees. Aggrieved by the assignment of seniority in the

aforesaid manner in the gradation list dated 12.04.2018

Respondent No.7 filed representation raising objection.

According to her, similarly situated persons have also filed such

representations. Disregarding their contentions and objections

the final seniority list in the said grade of ASOs was drawn and

published and this led to the filing of the afore-stated Writ

Petition.

4. When the Writ Petition came up for admission, a learned

Single Judge of the High Court passed an order on 24.09.2020 in

I.A. No.10848 of 2020 on the following lines: -

“As an interim measure it is directed that, any

promotion pursuant to the Gradation List vide

Annexure – 13 shall be subject to the result of the

writ petition.”

5. It is assailing the said interlocutory order dated 24.09.2020

that Writ Appeal No.612 of 2020 was filed. The Division Bench

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passed an interim order in I.A. No.1694 of 2020 on 25.01.2021 on

the following lines: -

“Heard learned counsel for the parties.

As an interim measure, this Court directs that

there shall be no promotion shall be given to

anybody without the leave of this Court.

The I.A. is accordingly disposed of.”

6. Later, the said Writ Appeal itself was disposed of on

24.02.2021. Taking note of the pendency of the Writ Petition, the

Division Bench ordered that it would be open to the parties to

argue the Writ Petition on merits and requested the learned

Single Judge to dispose of W.P. (C) No.24191 of 2020 within a

period of one month as a number of promotional posts were

lying vacant due to the pendency of the said Writ Petition. It was

further ordered therein thus: - “Since we request the learned

Single Judge to dispose of the Writ Petition within a period of one

month, the interim order dated 24.09.2020 passed in I.A. No.10848

of 2020 shall continue till disposal of the W.P. (C) No.24191 of 2020

by the learned Single Judge. The Writ Appeal is disposed of. In

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view of disposal of the Writ Appeal, all the pending I.A.s are

accordingly disposed of.”

7. Subsequent to the disposal of the Writ Petition, I.A. No.606

of 2021 was moved by the 7

th Respondent viz., the Appellant in

the former Civil Appeal, essentially, contending that taking

advantage of an inadvertent mistake in the order dated

24.09.2020, the opposite parties are initiating steps to effect

promotions from the final gradation list of ASOs dated 12.06.2020

which is under challenge in the Writ Petition. Consequently,

they sought for modification of the order dated 24.02.2021 with

direction to continue with the interim order dated 25.01.2021

passed in I.A. No.1694 of 2020 till disposal of W.P.(C) No.24191

of 2020. On 18.03.2021, the Division Bench disposed of the said

interlocutory application by modifying the order dated

24.02.2021 to the extent that interim order dated 25.01.2021

passed in I.A. No.1694 of 2020 shall continue till disposal of the

Writ Petition by the learned Single Judge. It was made clear that

the rest of the order dated 24.02.2021 would remain unaltered.

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8. The first Respondent – State of Odisha filed interlocutory

application viz., I.A. No.1000 of 2020 which led to the passing of

the impugned order in the Appeals arising from the above

special leave petitions. As per the impugned order dated

14.07.2021 in I.A. No.1000 of 2021, the Division Bench recalled

the order dated 18.03.2021 and restored the order dated

24.02.2021 as the final order of disposal of Writ Appeal No.612 of

2020. It is in the aforesaid circumstances, the Appellant in the

said Writ Appeal who is also the petitioner in W.P.(C) No.24191

of 2020 filed the captioned Appeals.

9. Heard, learned counsel for the parties.

10. From the aforesaid narration, it is clear that the Writ

Petition challenging the fixation of seniority under the final

seniority list of ASOs dated 12.06.2013, of the above mentioned

two batches is still pending before the learned Single Bench of

the High Court. The impugned order of the Division Bench

modifying the interim order passed by the learned Single Judge

in W.P.(C) No.24191 of 2020 as also modifying its own interim

order passed in the W.A. No.612 of 2020 was passed while

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disposing of the Appeal with liberty to the writ petitioner to

apply for an early disposal of the pending Writ Petition. It is also

evident that originally, the Appeal was disposed of as per order

dated 24.02.2021 requesting the learned Single Judge to dispose

of the Writ Petition within one month. Obviously, the Writ

Petition was not disposed of within the stipulated time limit and

it is still pending. It is the availability of a large number of

vacancies in the promotional post and the non-availability of

incumbents to mann the posts and the consequential exigency in

administration that made the first Respondent to file I.A. No.1000

of 2021.

11. We are of the considered view that the rival contentions

advanced before us have to be appreciated in the light of the

aforesaid undisputed position that the Writ Petition is still

pending before the learned Single Judge of the High Court.

When the Special Leave Petitions came up before this Court on

08.10.2021, this Court passed the following order: -

“Issue notice.

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In the meanwhile, there will be ad interim stay of

operation of the impugned order dated

14.07.2021 in IA No.1000 of 2021 in Writ Appeal

No.612/2020 passed by the High Court.”

12. The scope of exercise of corrective jurisdiction under

Article 136 of the Constitution of India has to be looked into in

the light of the aforesaid undisputable position that the Writ

Petition itself is pending before the learned Single Judge of the

High Court. It is a fact that no issue was finally decided by the

High Court, warranting exercise of corrective jurisdiction of this

Court under Article 136 of the Constitution. It is also a fact that

this Court has not passed any order transferring the pending

Writ Petition into the file of this Court either suo motu or on

application. In such circumstances, the short question is what

should be the nature of the interim order, in view of the

conflicting orders referred to hereinbefore, to be maintained,

pending consideration of W.P. (C) No.24191 of 2020. We have

taken note of the order passed by the learned Single Judge as

also the conflicting orders passed by the Division Bench in Writ

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Appeal No.612 of 2020 and lastly, the impugned order passed in

I.A. No.1000 of 2021 in the said Writ Appeal.

13. The interim order passed by the Division Bench of the High

Court dated 24.02.2021 itself would reveal the availability of a

number of vacancies in the promotional post of ASOs/Section

Officer and that they are not being filled up solely due to the

pendency of W.P. (C) No.24191 of 2020.

14. The fact is that those vacancies in the promotional post are

still lying vacant. Certainly, non-filling of vacancies in the

promotional post would be prejudicial to the interests of the

administration of any service.

15. The Writ Petition is pending before the learned Single

Judge and on its disposal, the party or parties aggrieved would

be having a remedy to file intra Court appeal. Taking note of all

the aforesaid aspects, we think it wholly appropriate to desist

from making any observation touching the merits of the rival

contentions and at the same time to emphasize on the

expediency of an early disposal of the Writ Petition, which would

be in the interest of all concerned. Normally, when the seniority

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list is in challenge and a number of vacancies are available in the

promotional post, promotions would be permitted to be effected

subject to the result of the Writ Petition carrying challenge

against the seniority list. The learned Single Judge of the High

Court had actually passed such an order taking note of the

balance of convenience. In other words, as an interim measure

it was ordered by the learned Single Judge that promotion

pursuant to the final gradation list would be subject to the result

of the Writ Petition. In froth, as per the original order dated

24.02.2021, Writ Appeal No.612 of 2020 itself was disposed of

maintaining the interim order passed by the learned Single

Judge dated 24.09.2020 in I.A. No.10848 of 2020. That order was

admittedly varied by the Division Bench time and again, as

explained earlier. As per order dated 08.10.2021, this Court

stayed the operation of the order dated 14.07.2021 in I.A.No.1000

of 2021 in Writ Appeal No.612 of 2020 passed by the High Court.

16. Taking note of the totality of the circumstances and also the

balance of convenience, we dispose of these Civil Appeals with

request to the High Court of Orissa to dispose of the Writ Petition

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No.24191 of 2020 as expeditiously as possible, preferably, within

a period of two months from the date of receipt of a copy of this

judgment. All the parties to the Writ Petition shall cooperate for

the early disposal of the Writ Petition, within the stipulated time.

If for any reason, the disposal of the Writ Petition is not possible

within the stipulated period of time, it would be open for the

Respondent authorities to fill up vacancies in the promotional

post of ASOs from the final gradation list of ASOs, referred to as

Annexure 13 in the interim order dated 24.09.2020 in I.A.

No.10848 of 2020 in Writ Petition (C) No.24191 of 2020,

provisionally and subject to the result of the Writ Petition.

17. These Appeals stand disposed of as above. All pending

applications/interlocutory applications are also disposed of.

….…...............,J.

(Indira Banerjee)

.........................,J.

 (C.T. Ravikumar)

New Delhi;

September 23, 2022.