PRAVAKAR MALLICK AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This civil appeal is filed, aggrieved by the judgment and order dated 24.12.2010 passed by the High Court of Orissa at Cuttack in W.P. (C) No.6781 of 2008. By the aforesaid order, writ petition filed by respondent nos. 4 to 8 herein, is allowed by setting aside the order dated 17.04.2008 passed in O.A.No.904(C) of 2008 etc. by the Orissa Administrative Tribunal and the Government Resolution dated 20.03.2002 and the consequential Gradation List dated 03.03.2008 of Orissa Administrative Services, Class-I (Junior Branch) are quashed.

(2.) In view of the instructions issued in Office Memorandum dated 21.01.2002, by the Government of India, Ministry of Personnel, Public Grievances and Pensions, the Government of Orissa has passed Resolution dated 20.03.2002. By the aforesaid Resolution, while withdrawing the earlier instructions, for fixation of seniority of Scheduled Caste/Scheduled Tribe (SC/ST) government servants on promotion by virtue of rule of reservation, the State Government has issued instructions to the effect that the "Catch Up Principle" adopted earlier by the State Government in General Administration Department Resolution No.39374 dated 02.11.2000 shall not be followed any longer. It is further ordered that the government servants belonging to SCs/STs shall retain their seniority in the case of promotion by virtue of rule of reservation. In the said G.O. it is further clarified that the government servants belonging to general/OBC category promoted later will be placed junior to the SC/ST government servants promoted earlier, by virtue of rule of reservation.

(3.) The High Court has allowed the abovementioned writ petition and the connected writ petitions and quashed the aforesaid G.O. and Gradation List dated 03.03.2008 mainly on the ground that, unless and until the State Government makes a law for conferring the benefit of promotion with consequential seniority to SC/ST candidates, they are not entitled to claim seniority in the promoted categories over the general category candidates. The said writ petition is allowed, following the judgment of this Court in the case of M. Nagaraj and Ors. vs. Union of India and Ors, (2006) 8 SCC 212.