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.