Supreme Court Grants Partial Relief in Judicial Officers’ Seniority Dispute: Key Takeaways

The Supreme Court of India recently delivered a significant judgment in the case of Pawan Kumar Agrawal & Anr. versus the State of Chhattisgarh & Ors., addressing a long-standing dispute regarding the seniority of judicial officers. The judgment, dated April 23, 2025, provides clarity on the principles governing seniority in public service appointments and the consequences of administrative delays in implementing court orders.

The case originated from a 2003 recruitment process for the post of Civil Judge, Class-II, conducted by the Chhattisgarh State Public Service Commission. The appellants, Pawan Kumar Agrawal and another candidate, had secured better marks than some women candidates but were placed in the supplementary select list due to reserved quotas. Challenging this, they filed a writ petition in 2004, which was allowed by the High Court in 2012, directing their appointment with seniority to be reckoned from the date of appointment. However, the appellants were not appointed until 2013, while candidates from the 2012 batch were appointed earlier, leading to a dispute over seniority.

The appellants argued that they should be granted seniority over the 2012 batch, as their right to appointment accrued from the date of the High Court’s 2012 order. The State, however, contended that the High Court’s order clearly specified that seniority would be reckoned from the date of appointment, which had attained finality. The Supreme Court, while acknowledging the finality of the 2012 order, held that the State’s delay in appointing the appellants should not prejudice their seniority rights. The Court noted, “We are of the considered opinion that the delay in giving effect to the order of the High Court dated 2nd May 2012 by the State Government should not be permitted to act to the prejudice of the appellants.”

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In its judgment, the Supreme Court partially allowed the appeal, directing that the appellants be shown senior to the Judicial Officers appointed on 10th July 2012. The Court emphasized that the State had ample time to complete formalities and appoint the appellants before the 2012 batch was appointed. This decision underscores the importance of timely implementation of court orders and the protection of employees’ rights against administrative delays.

Petitioner Name: Pawan Kumar Agrawal & Anr..
Respondent Name: State of Chhattisgarh & Ors..
Judgment By: Justice B.R. Gavai, Justice Augustine George Masih.
Place Of Incident: Chhattisgarh.
Judgment Date: 23-04-2025.
Result: partially allowed.

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