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2009 Supreme(SC) 1730

TARUN CHATTERJEE, B.S.CHAUHAN
Shiba Shankar Mohapatra – Appellant
Versus
State of Orissa – Respondent


Judgement Key Points

Key Points: - The judgment holds that statutory rules cannot be amended by Executive instructions, but where rules are silent, the government may issue executive instructions in conformity with existing rules; letters/opinions of departments cannot have the status of executive instructions. (!) (!) (!) - It declines relief for belated seniority challenges, emphasizing laches, delay, and the need for timely approach, noting long-standing settled seniority should not be unsettled after a reasonable period (typically 3–4 years) without a satisfactory explanation. (!) (!) (!) (!) - It explains the difference between eligibility for promotion and seniority; seniority cannot override eligibility and must be considered only among those who are eligible, with qualifications fixed by service rules. (!) (!) (!)

What is the rule regarding whether statutory rules can be amended by executive instructions, and the circumstances under which executive instructions may fill gaps in the absence of statutory rules?

What is the principle governing maintainability of belated challenges to inter-se seniority, including the role of laches and delay, in absence of statutory rules for seniority?

What is the distinction between seniority and eligibility for promotion, and how should inter-se seniority be determined when statutory rules are silent?


JUDGMENT

Dr. B.S. Chauhan, J. —

1. Leave granted in all the matters.

2. These appeals have been preferred against the judgment and order dated 7.2.2008 passed in writ petition nos.426, 1233, 2878, 3424 and 5637 of 2006 by the High Court of Orissa at Cuttack by which the High Court has partly allowed all the writ petitions quashing certain directions issued by the Orissa Administrative Tribunal (hereinafter called the ‘Tribunal’), however, directed to reconsider the case of promotion of Sub-Inspectors (General) (hereinafter called ‘SIs (g)’) to the post of Inspectors, in case it is found that the SIs (g) had been placed below the Sub-Inspectors (Steno) (hereinafter called SIs (St), they should be granted promotion from the date their counterparts in the other wing had been promoted, in case, they fulfilled minimum eligibility criteria for promotion at the time of consideration of their respective juniors. Such an exercise was directed to be completed within a period of six months. However, the writ petitions have been allowed to the extent that the direction issued by the Tribunal to prepare the gradation list of SIs (St) and SIs(g) in accordance with the dates of passing out of the











































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