AMARENDRA KUMAR MOHAPATRA Vs. STATE OF ORISSA
LAWS(SC)-2014-2-36
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on February 19,2014

Amarendra Kumar Mohapatra Appellant
VERSUS
STATE OF ORISSA Respondents





Cited Judgements :-

S.THANGADURAI VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-3-589] [REFERRED TO]
R.KUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-4-428] [REFERRED TO]
D.RAMESHKUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-3-609] [REFERRED TO]
RAM SHARAN MAURYA VS. STATE OF U.P. AND OTHERS [LAWS(SC)-2020-11-29] [REFERRED TO]
RABINDRA KUMAR MISHRA VS. STATE OF ODISHA & OTHERS [LAWS(ORI)-2017-8-45] [REFERRED TO]
STATE OF ODISHA AND OTHERS VS. TAPAN KUMAR MOHANTY AND ANOTHER [LAWS(ORI)-2017-7-97] [REFERRED TO]
S. RAJENDRAN VS. SECRETARY MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT [LAWS(MAD)-2018-3-969] [REFERRED TO]
RAJAN BHATIA VS. CENTRAL BOARD OF DIRECT TAXES [LAWS(DLH)-2019-1-453] [REFERRED TO]
MOHD. ZAHIR ALAM VS. MANAGING DIRECTOR, U.P. INDUSTRIAL CO-OPERATIVE ASSOCIATION LTD. [LAWS(ALL)-2019-2-322] [REFERRED TO]
SHEO NARAIN NAGAR VS. STATE OF U P [LAWS(ALL)-2014-8-509] [REFERRED TO]
ANATHA BANDHU MANDAL VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2015-6-9] [REFERRED TO]
SUSHAJ MUTHU T S S/O SURENDRAN VS. MANAGING DIRECTOR [LAWS(KER)-2017-12-136] [REFERRED TO]
ANIL KUMAR VS. INDIAN AIRLINES CHAIRMAN [LAWS(ALL)-2014-8-445] [REFERRED TO]
DR. AULIE BANERJEE VS. MAULANA ABUL KALAM AZAD UNIVERSITY [LAWS(CAL)-2019-12-33] [REFERRED TO]
NAGAPPA BALAPPA BANDIWADDAR VS. STATE OF KARNATAKA [LAWS(KAR)-2016-7-61] [REFERRED TO]
S SIVAMAHESWARI VS. STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY [LAWS(MAD)-2018-4-363] [REFERRED TO]
B. NAGARAJAN VS. THE PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-2-372] [REFERRED TO]
R.SENTHILKUMAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-226] [REFERRED TO]
THARAKESHWARI AND ORS. VS. PONDICHERRY UNIVERSITY AND ORS. [LAWS(MAD)-2015-10-113] [REFERRED TO]
G.BALASUBRAMANIAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-244] [REFERRED TO]
K GNANAVEL VS. GOVERNMENT OF PUDUCHERRY, REP BY SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-4-388] [REFERRED TO]
STATE OF TRIPURA VS. PARTHA SARATHI DATTA [LAWS(TRIP)-2020-10-11] [REFERRED TO]
YOGESH TYAGI AND ANOTHER VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2018-5-111] [REFERRED TO]
HANUMANTHARAYAPPA V. VS. PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT [LAWS(KAR)-2022-2-72] [REFERRED TO]
BILASH KUMAR BEHERA VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2017-6-2] [REFERRED TO]
BALRAJ SINGH MALIK VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2014-12-170] [REFERRED TO]
ER FINESON POJAR AND OTHERS VS. ER HOKATO SEMA AND OTHERS [LAWS(GAU)-2017-11-48] [REFERRED TO]
AMIT ATTRI VS. ANIL VERMA [LAWS(HPH)-2014-12-1] [REFERRED TO]
P. SANKAR VS. THE HOME SECRETARY [LAWS(MAD)-2018-2-375] [REFERRED TO]
SHYLA SHIVAPPA BUDIHAL VS. SECRETARY TO GOVERNMENT [LAWS(KAR)-2019-2-443] [REFERRED TO]
THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT GOVERNMENT OF UNION TERRITORY OF PUDUCHERRY PUDUCHERRY AND OTHERS VS. THE CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH, MADRAS REPRESENTED BY ITS REGISTRAR AND OTHERS [LAWS(MAD)-2016-10-137] [REFERRED TO]
KAUSIK GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-6-162] [REFERRED TO]
UNION OF INDIA THROUGH CHIEF COMMISSIONER CENTRAL EXCISE & CUSTOM AND OTHERS VS. JAG LAL S/O RAMESHWAR AND ANOTHER [LAWS(ALL)-2017-4-463] [REFERRED TO]
KHAGENDRA NATH SAU VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2017-12-32] [REFERRED TO]
GODREJ SARA LEE LIMITED VS. ASSISTANT COMMISSIONER (CT) INT LTU [LAWS(APH)-2017-6-63] [REFERRED TO]
VIKAS BAFNA VS. UNION OF INDIA [LAWS(CHH)-2016-7-19] [REFERRED TO]
K. LALTHANPARA VS. STATE OF MIZORAM [LAWS(GAU)-2017-9-40] [REFERRED TO]
RAJA VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-6-285] [REFERRED TO]
RAJENDRA KUMAR NAYAK VS. ORISSA MINING CORPORATION LIMITED [LAWS(ORI)-2017-8-25] [REFERRED TO]
N. APABI SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2022-7-19] [REFERRED TO]
STATE OF MANIPUR VS. YAIKHOM JOYKUMAR SINGH [LAWS(MANIP)-2022-4-15] [REFERRED TO]
K. SURESH AND OTHERS VS. GOVERNMENT OF TAMIL NADU AND OTHERS [LAWS(MAD)-2018-6-1143] [REFERRED TO]
M.LOGANATHAN VS. PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-8-1002] [REFERRED TO]
A.GLORY MARRY VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2019-2-196] [REFERRED TO]
A.RUBAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-2-272] [REFERRED TO]
THAMBUSAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-3-588] [REFERRED TO]
SATRUGHAN PRASAD SINHA, S/O LATE SRI MATHURA PRASAD SHARMA VS. THE STATE OF BIHAR [LAWS(PAT)-2018-3-404] [REFERRED TO]
DEBABRATA MOHANTY VS. RABINDRA KUMAR MISHRA [LAWS(SC)-2018-10-150] [REFERRED TO]
STATE OF JAMMU AND KASHMIR & ORS VS. DISTRICT BAR ASSOCIATION, BANDIPORA [LAWS(SC)-2016-12-14] [REFERRED TO]
SMT. APARNA MANNA & ORS. VS. THE STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2018-1-463] [REFERRED TO]
UJJAL GHOSH VS. PRABIR KUMAR CHATTOPADHYAY & ORS [LAWS(CAL)-2017-7-200] [REFERRED TO]
KAMRUP DISTRICT SIKSHA SARATHI (I) ASSOCIATION AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2017-10-6] [REFERRED TO]
SUSHAJ MUTHU T.S AND OTHERS VS. MANAGING DIRECTOR AND OTHERS [LAWS(KER)-2017-12-255] [REFERRED TO]
RADHAKRISHNA KURUP VS. NADAKKAL SERVICE CO-OPERATIVE BANK LTD. AND ORS. [LAWS(KER)-2016-3-61] [REFERRED TO]
LATHA VS. STATE [LAWS(MAD)-2023-9-138] [REFERRED TO]
SHIVAM RAJAN AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-9-112] [REFERRED TO]
HYDRO ELECTRIC EMPLOYEES UNION U.P. VS. INDUSTRIAL TRIBUNAL (I),U.P. ALLAHABAD AND OTHERS [LAWS(ALL)-2019-12-345] [REFERRED TO]
ATOUZO PIENYU VS. THE STATE OF NAGALAND [LAWS(GAU)-2014-11-2] [REFERRED TO]
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT VS. UNNIKRISHNA PILLAI J. [LAWS(KER)-2022-7-73] [REFERRED TO]
M. MAHALINGAM VS. ENGINEER IN CHIEF, WATER RESOURCES DEPARTMENT, PUBLIC WORKS DEPARTMENT, CHENNAI [LAWS(MAD)-2017-12-399] [REFERRED TO]
P. DEIVENDRAN AND OTHERS VS. TAMILNADU ELECTRICITY BOARD AND OTHERS [LAWS(MAD)-2018-1-1079] [REFERRED TO]
S DHARMARAJ VS. PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT [LAWS(MAD)-2018-4-818] [REFERRED TO]
P. SHANTHI VS. GOVERNMENT OF TAMIL NADU AND OTHERS [LAWS(MAD)-2018-6-1028] [REFERRED TO]
A. GURUVAMMAL VS. THE COMMISSIONER OF FISHERIES [LAWS(MAD)-2018-2-371] [REFERRED TO]
E MARI VS. GOVERNMENT OF TAMIL NADU, REP BY ITS PRINCIPAL SECRETARY [LAWS(MAD)-2018-7-113] [REFERRED TO]
STATE OF UTTARAKHAND AND OTHERS VS. JEEWAN SINGH BISHT [LAWS(UTN)-2018-5-7] [REFERRED TO]
R.SENTHILKUMAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-8-238] [REFERRED TO]
DEBABRATA MOHANTY VS. RABINDRA KUMAR MISHRA AND OTHERS [LAWS(ORI)-2017-4-68] [REFERRED TO]
DHARMENDER KUMAR AND ORS VS. AGRICULTRUAL & PROCESSED FOOD DEVELOPMENT AUTHORITY AND ANR [LAWS(DLH)-2018-11-67] [REFERRED TO]
TALESHKUMAR MAGANBHAI PATEL AND ORS. VS. AHMEDABAD MUNICIPAL CORPORATION AND ORS. [LAWS(GJH)-2015-6-123] [REFERRED TO]
SH. LALFAMKIMA VS. STATE OF MIZORAM [LAWS(GAU)-2020-2-226] [REFERRED TO]
VIJAYASHREEPURA KSHEMABIVRUDHI SANGHA VS. STATE OF KARNATAKA [LAWS(KAR)-2016-12-10] [REFERRED TO]
BILASH KUMAR BEHERA VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2017-1-114] [REFERRED TO]
HARAPRIYA PATRA VS. STATE OF ODISHA [LAWS(ORI)-2022-8-124] [REFERRED TO]
M SAKTHIVEL VS. STATE OF TAMIL NADU REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT [LAWS(MAD)-2019-4-60] [REFERRED TO]
R KARTHIKEYAN VS. PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT [LAWS(MAD)-2018-4-44] [REFERRED TO]
G.SEERALAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-8-243] [REFERRED TO]
ANIMAL WELFARE BOARD OF INDIA VS. UNION OF INDIA [LAWS(SC)-2023-5-86] [REFERRED TO]
A. SIVAKUMAR VS. SECRETARY TO GOVERNMENT, FOOD, CO-OP. AND CONSUMER PROTECTION DEPT. AND ORS. [LAWS(MAD)-2021-2-269] [REFERRED TO]
DEVI PRASAD MISRA VS. STATE OF U.P. [LAWS(ALL)-2014-8-237] [REFERRED TO]
RAJ KUMAR VS. STATE OF U P [LAWS(ALL)-2018-4-318] [REFERRED TO]
STATE OF U.P. & OTHERS VS. RAJ KUMAR SRIVASTAVA & OTHERS [LAWS(ALL)-2017-10-86] [REFERRED TO]
KAKALI ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-5-35] [REFERRED TO]
K. SELVADURAI AND OTHERS VS. UNION OF INDIA AND ANOTHER [LAWS(MAD)-2018-2-1199] [REFERRED TO]
ALIAH UNIVERSITY VS. SK. MARJAMAL HAQUE [LAWS(CAL)-2019-11-6] [REFERRED TO]
SISIR KUMAR GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2018-3-16] [REFERRED TO]
DLF LIMITED AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-2-133] [REFERRED TO]


JUDGEMENT

- (1.)Common questions of law arise for consideration in these appeals which were heard together and shall stand disposed of by this common order. The primary issue that falls for determination touches the Constitutional validity of what is described as the Orissa Service of Engineers (Validation of Appointment) Act, 2002 by which appointment of 881 ad hoc Assistant Engineers belonging to Civil, Mechanical and Electrical Engineering Wings of the State Engineering Service have been validated, no matter all such appointments were in breach of the Orissa Service of Engineers' Rules, 1941. The High Court of Orissa has in a batch of writ petitions filed before it struck down the impugned Legislation on the ground that the same violates the fundamental rights guaranteed to the writ petitioners under Articles 14 and 16 of the Constitution. We shall presently formulate the questions that arise for determination more specifically but before we do so, we consider it necessary to set out the factual matrix in which the entire controversy arises.
(2.)In a note submitted to the State Cabinet on 15th May 1990 the problem of over 2000 unemployed degree-holders in various branches of Engineering who had passed out from several Engineering colleges since the year 1984 was highlighted and a proposal for utilizing the manpower so available for the benefit of the State economy mooted. The proposal envisaged a twofold action plan for absorbing the unemployed graduate Engineers. The first part of the action plan provided for withdrawal of 127 posts of Assistant Engineers that had been referred to the Public Service Commission and advertised by it to be filled up by appointing unemployed degree holder Engineers in a non-class II rank. The second part of the proposal envisaged creation of 614 posts of Junior Engineers in different Departments to accommodate the unemployed degree holders. These 614 posts comprised 314 new posts proposed to be created, one for each block in the State. Similarly, 100 posts were to be created in the Irrigation Department for survey and investigation to accelerate the pace of investigation. Yet another 200 posts were to be created for initial infrastructure work in connection with Paradip Steel Plant.
(3.)The note submitted to the Cabinet suggested that degree-holder Engineers could be recruited against all the 741 (127 + 614) posts mentioned above to be designated as Junior Engineers or Stipendiary Engineers in the first phase on a consolidated stipend of Rs.2,000/- per month. The proposal further envisaged absorption of Engineers so appointed on regular basis after two years, after assessing their performance.


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