AMARENDRA KUMAR MOHAPATRA & ORS. versus STATE OF ORISSA & ORS.

Citation: [2014] 2 S.C.R. 1031 · Decided: 19-02-2014 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2014f 2 S.C.R. 1.031 
AMARENDRA KUMAR MOHAPATRA & ORS. 
A 
v. 
STATE OF ORISSA & ORS. 
(Civil Appeal No. 8322 of 2009) 
FEBRUARY 19, 2014 
[T.S. THAKUR AND VIKRAMAJIT SEN, JJ.] 
OR/SSA SERVICE OF ENGINEERS (VALIDATION OF 
APPOINTMENT) ACT, 2002: 
Nature and purpose of the Act - Held: The Act cannot be 
said to be a validating enactment - The enactment in the case 
B 
c 
at hand deals with the law relating to regularisation of 
incumbents holding. public office on ad hoc or temporary 
basis, much in the same way as regularisation of such 
0 
temporary appointments is ordered in terms of a scheme for 
that purpose - Legislation under challenge was not a 
Validation Act as it purported to be but an enactment that 
regularised the appointments of graduate Stipendiary 
Engineers working as ad hoc Assistant Engineers as 
E 
Assistant Engineers - Interpretation of statutes - Title of 
enactment. 
Act granting regularisation of ad hoc Stipendiary 
Engineers - Constitutional validity of - Held: Legislation under 
challenge does not suffer from any constitutional infirmity and 
F 
High Court was in e"or in having struck it down - Impugned 
judgment of High Court set aside. 
Regularisation of ad hoc Stipendiary Engineers - Held : 
The appointment process of unemployed degree holders G 
started with the resolution passed by State Government - The 
resolution further envisaged their absorption in .service after 
a period of two years -Further, their appointments were made 
on the basis of a selection process and on the basis of merit 
1031 
H 
1032 SUPREME COURT REPORTS 
[2014] 2 S.C.R. 
A - Appointment of Stipendiary Engineers on ad hoc basis came 
pursuant to the direction from High Court -- Their appointment 
were made pursuant to a notification by which everyone who 
was unemployed and held an Engineering degree in any 
discipline was free to make an application - The process of 
B ·appointment was at no stage questioned before the court - It 
cannot be said that there was complete arbitrariness in the 
manner of such appointments so as to violate Arts. 14 and 
16 of the Constitution - Constitution of India, 1950 - Arts. 14 
and 16. 
c 
Regularization of ad hoc Stipendiary Engineers --
Degree holder Junior Engineers -- Held: They were qualified 
for appointment as Assistant Engineers as they possessed 
degrees from recognised institutions, they were appointed 
against the sanctioned posts - Each one of them has worked 
D ·for more than 10 years ever since his appointment as ad hoc 
Assistant Engineer - Therefore, these appointments of 
Stipendiary Engineers on ad hoc basis cannot be said to be 
illegal so as to fall beyond the purview of the scheme 
envisaged in Umadevi's case, which permitted regularisation 
E of iffegular appointments and not illegal appointments - Entry 
of degree holder Junior Engineers as Stipendiary Engineers. 
and later as Assistant Engineers cannot be said to be through 
"the backdoor" -- Legislative enactment granting such 
regularisation does not call for interference at this late stage 
F when those appointed or regularised have already started 
retiring having seNed their respective departments, in some 
cases for as long as 22 years. 
Regularisation of degree holder Junior Engineers - Held 
G : The writ petitioners cannot be said to be similarly situated 
as the Stipendiaries only because they were also working as 
ad hoc Assistant Engineers - A challenge based on "under 
inclusion" is not readily accepted by courts - However, degree 
holder Junior Engineers currently working as ad hoc Assistant 
H Engineers are entitled to the relief of regularisation in seNice, 
AMARENDRA KUMAR MOHAPATRA & ORS. v. 
1033 
STATE OF ORISSA & ORS. 
having regard to the fact that they have rendered long years 
A 
of service as Assistant Engineers on ad hoc basis for 17 to 
18 years in some cases. 
ss.3(2) and 3(3) - Seniority - Granted to Stipendiary 
Assistant Engineers from the date of their ad hoc appointment 8 
as such - Held: To this extent the Court can suitably mould 
the relief - In the circumstances, the degree holder Junior 
Engineers currently working as Assistant Engineers on ad hoc 
basis i.e. writ petitioners in High Court, are entitled to the relief 
of regularisation with effect from the same date as the 
Validation Act granted such regularisation to Stipendiary C 
Engineers - There is noillegality or constitutional infirmity in 
the provisions of s. 3(2) or s. 3(3) of the impugned legislation 
- Si

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