NITYANANDA KAR AND ANR. ETC. ETC. versus STATE OF ORISSA AND ORS. ETC.

NITYANANDA KAR AND ANR. ETC. ETC. versus STATE OF ORISSA AND ORS. ETC.

Section 3(2)(a) of the Orissa Administrative Service Class II (Appointment of Officers Validation) Act, 1986, in so far as it places deemed promotees of 1972 above direct recruits of 1972, is arbitrary and violative of Article 14 as there is no reasonable classification between direct recruits of 1970/71 and those of 1972. The same 'year of allotment' principle must apply uniformly.

Parties
Appellant/petitioner: Nityananda Kar and Another etc. etc.; Respondent: State of Orissa and Others etc.
Jurisdiction
India
Judgment Date
09 November 1990
Procedural Posture
Civil Appeal and Writ Petitions / Supreme Court Appeal and Writ Petitions From Orissa High Court
Outcome
Civil appeal dismissed and writ petition partly allowed; Section 3(2)(a) of the Validation Act held ultra vires Article 14 for 1972 direct recruits; law on other issues affirmed as per Ananta Kumar Bose's case.
Legal Topics
Seniority Disputes, Integration of Services, Validation Act, Article 14 Equality Before Law
Constitutional Law Service Law Administrative Law Seniority Disputes Integration of Services Validation Act Article 14 Equality Before Law

Case Brief

Summary, issues, holding and outcome

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Parties

Nityananda Kar and Another etc. etc.

Appellant/petitioner

State of Orissa and Others etc.

Respondent

Procedural Posture

Civil Appeal and Writ Petitions / Supreme Court Appeal and Writ Petitions From Orissa High Court

Legal Issues

  1. 1 Whether the assignment of year of allotment for merged cadres was valid.
  2. 2 Whether the Orissa Administrative Service Class II (Appointment of Officers Validation) Act, 1986 is constitutionally valid, especially Section 3(2)(a).
  3. 3 Whether the legislative classification among direct recruits of 1970, 1971 and 1972 is arbitrary under Article 14.

Ratio Decidendi

Section 3(2)(a) of the Orissa Administrative Service Class II (Appointment of Officers Validation) Act, 1986, in so far as it places deemed promotees of 1972 above direct recruits of 1972, is arbitrary and violative of Article 14 as there is no reasonable classification between direct recruits of 1970/71 and those of 1972. The same 'year of allotment' principle must apply uniformly.

Court Disposition

Civil appeal dismissed and writ petition partly allowed; Section 3(2)(a) of the Validation Act held ultra vires Article 14 for 1972 direct recruits; law on other issues affirmed as per Ananta Kumar Bose's case.

Orders

  • Section 3(2)(a) of Orissa Administrative Service Class II (Appointment of Officers Validation) Act, 1986 struck down as arbitrary for 1972 direct recruits.
  • Benefit of Ananta Kumar Bose's decision to extend to 1972 direct recruits.