Article 14 Doesn’t Envisage Negative Equality: Supreme Court Rejects Plea Based On Illegal Promotion Given to Others

Article 14 Doesn’t Envisage Negative Equality: Supreme Court Rejects Plea Based On Illegal Promotion Given to Others

In the case of Jyostnamayee Mishra vs. State of Odisha and Others the use of past irregular promotions cannot validate unlawful future promotions. As per the rules of Orissa Subordinate Architectural Service Rules 1979, Tracer positions should be filled solely through direct recruitment but the appellant attempted to gain the role because she had retired from her peon duties. The appellant maintained she deserved the promotion because other employees received it through unlawful means. Justice JK Maheshwari and Rajesh Bindal formed the bench that endorsed the Orissa High Court's rejection of the appellant's petition. The judicial process argued that unlawful promotions received by others should not serve as grounds to promote the applicant because it constitutes unlawful discrimination prohibited under Article 14 of the Constitution. Justice Bindal explained that permitting these promotions would create ongoing illegalities since people lack legal recourse through seeking actions which break established rules. The Court confirmed through reference to past case law that benefits without legal foundation cannot be used to justify additional promotions. The Supreme Court rejected the appeal and reinforced the legal mold that historical improprieties cannot normalize new appointments in violation of operational selection procedures.

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