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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sanjay Kumar Perei – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. senior reserved category employees denied promotions. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments on merit and seniority versus reserved status. (Para 10 , 11 , 12 , 13) |
| 3. analysis of statutory provisions and merit criteria. (Para 14 , 15 , 16 , 17 , 18 , 19 , 24) |
| 4. implications of reservation laws and principles. (Para 20 , 21 , 22) |
| 5. writ application allowed; review dpc required. (Para 25 , 26) |
JUDGMENT :
1. The issue that arises for consideration in this writ application is, whether senior reserved category employees can be denied promotion to the higher post under unreserved category ignoring their seniority.
2. Petitioner Nos.1, 2 and 3, at the time of filing of the writ application were serving as Asst. Revenue Inspectors (ARI) while petitioner Nos.4 and 5 were serving as Amins. All of them were posted in different Tahasils of Keonjhar District. Petitioner No.1 and 3 belong to the SC category, while petitioner Nos. 2, 4 & 5 belong to the ST category. Petitioner Nos. 1, 2 and 3 entered into Government service as ARI on 09.11.2009, 13.11.2009 and 05.11.2009 respectively. Petitioner Nos.4 & 5 entered into Government service as Amins on 13.11.2009 and 16.11.2009 respecti
Promotions for SC/ST candidates against unreserved vacancies require quantifiable data proving inadequacy of representation, and any related clarifications issued without such data are unconstitution....
Promotions to unreserved posts must be based solely on merit, and exceeding ceiling limits set by law is impermissible, reaffirming the catch-up rule's application for rightful seniority among candid....
Promotion processes must adhere to established guidelines, ensuring fair consideration for all eligible candidates. Clubbing of vacancies across years violates process integrity, and resultant promot....
The main legal point established in the judgment is that reservation in promotion and seniority is applicable based on the rules and classification of posts, and not all posts are covered under reser....
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
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