LexPAWAN KUMAR AGRAWAL & ANR. versus STATE OF CHHATTISGARH & ORS.
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[2025] 4 S.C.R. 1622 : 2025 INSC 545 Pawan Kumar Agrawal & Anr. v. State of Chhattisgarh & Ors. (Civil Appeal No. 5478 of 2025) 23 April 2025 [B.R. Gavai* and Augustine George Masih, JJ.] Issue for Consideration Issue arose as regards the date from which the appellants are entitled to seniority in the cadre of Civil Judge (Junior Division); also whether, the appellants are entitled to seniority over the batch of Judicial Officers appointed on 10.07.2012. Headnotes† Judicial Services – Civil Judge (Junior Division) – Seniority – Appellants selected in the selection process of 2003 were appointed in terms of the order of High Court dtd.02.05.2012 wherein it was also stated that their seniority was to be reckoned from the date of appointment – Delay in appointment by State – Appellants appointed in July 2013 – Placed below candidates selected in 2006, 2008 and 2012 – Appellants’ claim for seniority was rejected on ground that the order of High Court stating that the seniority will be determined from the date of appointment had attained finality as the same was not challenged – Date from which the appellants are entitled to seniority in the cadre of Civil Judge (Junior Division): Held: Order passed by the High Court attained finality – Seniority of the appellants was to be reckoned from the date of their appointment – No merit in the claim of the appellants with regard to the grant of seniority vis-à-vis candidates who were appointed prior to the date of the order of the High Court – Appellants’ writ petition was decided on 02.05.2012 – As such, the State ought to have appointed the appellants within a reasonable time – Though, the State had challenged the said order in an SLP before this Court, the order of the High Court was never stayed – SLP was dismissed on 30.11.2012 – Even thereafter, for around 8 months, no action was taken by the State in issuing an order of appointment to the appellants – In the meantime, 2012 batch was appointed * Author [2025] 4 S.C.R. 1623 Pawan Kumar Agrawal & Anr. v. State of Chhattisgarh & Ors. on 10.07.2012 i.e., after more than 2 months from the date of the order of the High Court – The right to be appointed accrued to the appellants on the date of the order of the High Court i.e. 02.05.2012 – The period between the date of the order of the High Court and the appointment of the batch of 2012 is more than 2 months – Delay in giving effect to the order of the High Court by the State cannot act to the prejudice of the appellants – In the seniority list, the appellants be shown senior to the Judicial Officers appointed on 10.07.2012 – Chhattisgarh Civil Services (General Conditions of Services) Rules, 1961 – Chhattisgarh Lower Judicial (Recruitment and Conditions of Service) Rules, 1994. [Paras 10, 12-16] Case Law Cited Pilla Sitaram Patrudu and Others v. Union of India and Others [1996] 3 SCR 870 : (1996) 8 SCC 637 – referred to. List of Acts Chhattisgarh Lower Judicial (Recruitment and Conditions of Service) Rules, 1994; Chhattisgarh Civil Services (General Conditions of Services) Rules, 1961; Constitution of India. List of Keywords Seniority; Civil Judge (Junior Division); Seniority in the cadre of Civil Judge (Junior Division); Seniority to be reckoned from the date of appointment; Seniority list; Judicial Officers; Chhattisgarh State Public Service Commission; Recruitment to the post of Civil Judge, Appointment date; Delay in appointment; Right to be appointed. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5478 of 2025 From the Judgment and Order dated 30.07.2019 of the High Court of Chhattisgarh at Bilaspur in WA No. 341 of 2019 Appearances for Parties Advs. for the Appellants: P.S. Patwalia, Sr. Adv., Anjani Kumar Mishra, Praveen Mishra, Rajesh Kumar Singh, Krishna Gopal Mishra, Saurav Sharma, Sunil Kumar Nema. 1624 [2025] 4 S.C.R. Supreme Court Reports Advs. for the Respondents: B.S Rajesh Agrajit, D.A.G., Apoorv Kurup, Sr. Adv., Ms. Ankita Sharma, Arjun D. Singh, Ms. Nidhi Mittal, Dr. Harsh Pathak, Ms. Shaveta Mahajan, Mohit Choubey, Ms. Nidhi Mittal, Ms. Jaya Choudhary. Judgment / Order of the Supreme Court Judgment B.R. Gavai, J. 1. Delay condoned. 2. Leave granted. 3. The present appeal challenges the judgment and final order dated 30th July 2019, passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur (hereinafter referred to as, “High Court”) in Writ Appeal No. 341 of 2019, w
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