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july 2007

Supreme Court of India · 2007-07-23

STATE OF ORISSA vs SURENDRANATH MALLICK .

Citation / case number
SC 2003/16319
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
SURENDRANATH MALLICK .
Author
ARIJIT PASAYAT
Bench
D.K. JAIN DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that the reversion of the respondent to the post of Senior Assistant was not sustainable, as it would adversely affect the representation of Scheduled Caste candidates in the Section Officer Level-II rank. The Court emphasized that the promotion of the respondent was not against a leave vacancy and thus should not be reversed upon the return of a general category candidate. The Court directed that the respondent be deemed to continue in his post and be paid his differential salary, reinforcing the principles of reservation under the Orissa Reservation of Vacancies Act, 1975.

STATE OF ORISSA vs SURENDRANATH MALLICK . · Niyam