Constitution of India, 1950,  Art. 136 – Vacancies in promotional post  – Challenge to seniority list – Non-filling of vacancies in the promotional post would be prejudicial to the interests of the administration of any service.

2022 SCeJ 1122

Supreme Court of India

Before: Justice Indira Banerjee,  Justice C.T. Ravikumar.

ARJUN MURMU v. THE STATE OF ODISHA

Civil Appeal No. 6913 of 2022

23.09.2022

Constitution of India, 1950,  Art. 136 – Vacancies in promotional post  – Challenge to seniority list – Vacancies in the promotional post are still lying vacant –  Certainly, non-filling of vacancies in the promotional post would be prejudicial to the interests of the administration of any service – Normally, when the seniority list is in challenge and a number of vacancies are available in the promotional post, promotions would be permitted to be effected subject to the result of the writ Petition carrying challenge against the seniority list. [Para 14, 15]

Petitioner Counsel: Vaibhav Manu Srivastava, Respondent Counsel: Sibo Sankar Mishra

JUDGEMENT

C.T. Ravikumar, J.