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Supreme Court of India 2025-01-20 dismissed

JYOSTNAMAYEE MISHRA vs THE STATE OF ODISHA AND ORS

Bench: 2 — J. K. Maheshwari, Rajesh Bindal

In Brief

A former peon sought promotion to the post of Tracer despite the Subordinate Architectural Service Rules, 1979 providing that all Tracer posts must be filled by 100% direct recruitment only. She relied on two colleagues who were earlier promoted to Tracer positions. The High Court set aside the Tribunal's order directing her consideration for promotion. The Supreme Court dismissed her petition, holding that: (1) the Tracer post is exclusively a direct recruitment position, not promotional; (2) proper public advertisements, not internal circulars, must be issued for recruitment; (3) Article 14 does not permit perpetuating illegal appointments already wrongly made by the State.

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Service Law Recruitment and Promotion Constitutional Law Article 14 - Equality Statutory Rules Direct Recruitment Government Service

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