Seniorities established by prior Supreme Court directions must be maintained despite reinstatement of previously terminated employees; career advancement benefits require verification of minimum service qualifications.

ORDER

(Passed on this 29^th day of October 2025)

Per: Justice Anand Pathak With consent of parties, heard finally.

2. The present Writ Petition is preferred by the petitioners under Article 227 of the Constitution of India being crestfallen by order dated 11^th December 2024 passed in Original Application No.202/433/2019, whereby Original Application preferred by petitioners got dismissed.

3. Petitioners by way of filing O.A., sought following reliefs :-

1. The orders impugned as contained in Annexure A/1, A/2 and A/3 may kindly be quashed.

2. The respondents may kindly be directed to restore the order dated 14.12.2015 as contained in Annexure A/10, which has been passed in fully compliance of order of Hon'ble Apex Court dated 19.11.2015 in Civil Appeal No.5744 of 2009.

3. The respondents may also kindly be directed to recall all the consequential benefits extended to the respondent No.5 to 10 pursuant to impugned orders Annexure A/1, A/2 and A/3.

4. To pass such other further order (s) deemed fit and proper in the interest of justice.

5. Cost may also be awarded.

4. Factual details necessary for adjudication are that respondents No.5 to 10 were appointed on the post of Lecturer (re-designated as Assistant Professor) on 12.04.2002 in Laxmibai National Institute of Physical Education, Gwalior (in short 'LNIPE'). One Rajendra Tayal challenged their respective appointments by way of Writ Petition in the nature of Public Interest Litigation vide W.P.No.450/2002 and alleged serious irregularities committed in the process of appointment of respondents No.5 to 10. According to then petitioner, selection committee was not properly constituted and appointments were void ab initio.

5. Aforesaid PIL was disposed of vide order dt.19.04.2004 with the directions to the Board of Management of LNIPE Gwalior to consider and decide the representation of the then petitioner with regard to allegations of illegal appointment of respondents No.5 to 10.

6. The Board of Management of LNIPE considered each case of respondents No.5 to 10 and found that their appointment on the post of Assistant Professor was illegal in nature. According to the Board, Selection Committee was not properly constituted and it was contrary to the rules/ regulations. Therefore, the services of respondents No.5 to 10 were terminated vide order dt.06.09.2005.

7. Being aggrieved by their termination, respondents No.5 to 10 preferred Writ Petition vide W.P.No.3887/2005 before this Court, however, same was dismissed vide order dt.09.10.2006. Learned Writ Court held that constitution of Selection Committee, which selected respondents No.5 to 10, was illegal. It also held that defects of selection could not be cured by any subsequent act of the institute. Said order was put to challenge by respondents No.5 to 10 before Division Bench of this Court by way of Writ Appeal No.390/2006. Said Writ Appeal was decided vide judgment dt.31.07.2008, by which the appeal was allowed and order dt.09.10.2006 passed by the Writ Court was set aside and a direction was given to reinstate the then appellants (present respondents No.5 to 10) with full backwages.

8. It appears that LNIPE preferred SLP before Hon'ble Supreme Court of India. Leave was granted and Civil Appeal No.5744/2009 was heard and decided by the Supreme Court vide order dt.19.11.2015, by which a direction was given to the appellant/institute to reinstate respondents No.5 to 10 within two months from the date of the order. However, it was clarified that respondents No.5 to 10 shall not claim any backwages whatsoever and all those persons, who were already appointed, shall not be disturbed by the appellan