Explore a detailed examination of the legal intricacies surrounding an inter se seniority dispute in the context of ASOs. The court’s analysis sheds light on the challenges and considerations involved in resolving such administrative issues within the framework of existing laws and regulations. Dive into the nuances of this case to understand the importance of clarity and consistency in legal decision-making.
Facts
- The Appellants in the Appeal arising from SLP(C) No 17933 of 2021 are not parties to Writ Petition No. 24191 of 2020.
- The interim order passed in I.A. No. 10848 of 2020 on 24.09.2020 led to the filing of 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.
- The party Respondents in W.P.(C) No. 24191 of 2020 are Respondent Nos. 5 and 6 in both the Appeals.
- Disregarding contentions and objections, the final seniority list in the grade of ASOs was drawn and published, leading to the filing of the Writ Petition.
- The State of Odisha filed interlocutory application I.A. No. 1000 of 2020 which led to the impugned order in the Appeals arising from the special leave petitions.
- Respondent No. 7 filed a representation raising objection against the assignment of seniority in the gradation list dated 12.04.2018.
- The rest of the order dated 24.02.2021 would remain unaltered as per the judgment.
- I.A. No.606 of 2021 was filed by the 7th Respondent seeking modification of the order dated 24.02.2021 to continue with the interim order dated 25.01.2021.
- The Division Bench disposed of I.A. No.606 of 2021 on 18.03.2021 by allowing the interim order dated 25.01.2021 to continue until the disposal of the Writ Petition by the learned Single Judge.
- The Writ Petition challenged an interim order dated 24.09.2020 which directed that promotions from the Gradation List shall be subject to the result of the writ petition.
- Writ Appeal No.612 of 2020 was filed challenging the interim order dated 24.09.2020.
- The Division Bench in I.A. No.1694 of 2020 passed an interim order on 25.01.2021 allowing parties to argue the Writ Petition on merits and requested the Single Judge to dispose of the petition within a month due to vacant promotional posts.
- The Division Bench, through an order dated 14.07.2021 in I.A. No.1000 of 2021, recalled the order dated 18.03.2021 and reinstated the order dated 24.02.2021 as the final disposal of Writ Appeal No.612 of 2020.
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Analysis
- The Writ Petition challenging the fixation of seniority under the final seniority list of ASOs dated 12.06.2013 is still pending before the learned Single Bench of the High Court.
- Various representations have been filed by similarly situated persons regarding seniority.
- Notification for the special recruitment drive took place first, leading to earlier appointments of candidates from that drive.
- The Writ Petition was not disposed of within the stipulated time limit and is still pending.
- The Appellant filed the Appeals due to pending issues regarding inter se seniority between batches of ASOs.
- The impugned order of the Division Bench modified interim orders and allowed the writ petitioner to apply for early disposal of the pending Writ Petition.
- All private parties involved in the case belong to either the batch of directly recruited ASOs under special recruitment drive for backlog vacancies for Scheduled Tribes or the batch of directly recruited ASOs under the General Quota.
- The Court has not transferred the pending Writ Petition to this Court.
- The nature of the interim order is in question, considering conflicting orders.
- The Court refrains from making observations on the merits but emphasizes the need for early disposal of the Writ Petition.
- Promotions can be allowed when the seniority list is challenged, with promotions subject to the Writ Petition outcome.
- The learned Single Judge had ordered promotions to be subject to the result of the Writ Petition, considering balance of convenience.
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Decision
- The Division Bench of the High Court directed that no promotion shall be given without the leave of the Court.
- An interim order dated 24.02.2021 highlighted vacancies in the promotional post of ASOs/Section Officer due to the pending Writ Petition No.24191 of 2020.
- Non-filling of these vacancies could impact the administration of the service.
- The Writ Petition is pending before the Single Judge, and the disposal of the petition would allow parties to file intra-court appeals.
- If the Writ Petition is not disposed of within the stipulated time, respondent authorities can provisionally fill vacancies from the final gradation list of ASOs.
- The Court requested the High Court of Orissa to expedite the disposal of the Writ Petition No.24191 of 2020 within two months.
- All parties involved are expected to cooperate for the early disposal of the Writ Petition.
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Case Title: ARJUN MURMU Vs. THE STATE OF ODISHA (2022 INSC 1012)
Case Number: C.A. No.-006913-006913 / 2022
