AIROnline 2020 SC 476 ::(2020) 6 Scale 818 ::(2020) 1 Orissa LR (SC) 625 ::2020 (15) SCC 297 ::(2020) 4 Cg LJ 289 (SC) ::2020 SCC OnLine SC 375 ::2020 (3) Serv LR 278 ::2020 (3) Serv LJ 107 ::2020 (2) Ker LJ 498 ::2020 (2) JLJR 383 ::2020 (1) Orissa LR 625 ::2020 (1) ESC 233 ::2020 (1) Cur Leg R 989 ::AIR 2020 SC (Civil) 1582

Supreme Court Of India

Hon'ble Judge(s): Mohan M. Shantanagoudar, R. Subhash Reddy , JJ

Constitution of India , Art.16(4), Art.16(4A), Art.335— (as Inserted By Constitution (seventy Seventh Amendment) Act 1995) - Reservation in promotion - With consequential seniority to SC/ST candidates - Benefit of seniority conferred by State of Orissa in Class-I Services through resolution without making any provision, either by way of legislation or by executive order - Resolution can not be termed as law having legal basis - It merely issued by referring to instructions of Union of India without examining adequacy of representation in promotional posts, not sustainable - And liable to be quashed. (Para 12) In this case, it is to be noticed that after Constitution (Eighty-Fifth) Amendment Act, 2001, amending Article 16(4A) of the Constitution which enabled the State to extend the benefit of promotion with consequential seniority by examining the adequacy of representation to scheduled castes and scheduled tribes in the State services, the State of Orissa has not made any provision, either by way of legislation or by an executive order, to extend such benefit in the Class-I Services. Govt. has not issued any executive order or has passed any legislation. By the Resolution dt. 20.03.2002, while withdrawing the earlier instructions, for fixation of seniority of Scheduled Caste/Scheduled Tribe (SC/ST) governmen....