PRAVAKAR MALLICK & ANR.versusTHE STATE OF ORISSA & ORS.

222                       [2020]
               SUPREME COURT     5 S.C.R. 222
                              REPORTS                      [2020] 5 S.C.R.


A                      PRAVAKAR MALLICK & ANR.
                                       v.
                       THE STATE OF ORISSA & ORS.
                         (Civil Appeal No. 3240 of 2011)
B                               APRIL 17, 2020
                    [MOHAN M. SHANTANAGOUDAR
                      AND R. SUBHASH REDDY, JJ.]
             Constitution (Eighty-Fifth) Amendment Act, 2001 –
C     Art.16(4A) – Respondents were appointed to Orissa Administrative
      Service-II (OAS-II) posts – They were senior to appointees
      belonging to SC/ST category and were subsequently promoted in
      next higher category, OAS-I(JB) – Appellants and others belonging
      to SC/ST category, recruited with the respondents in subsequent
      batches, were given promotion to the rank of OAS-I(JB) against
D     reserved vacancies during 1995 & 2000 – Original seniority
      position in the cadre of OAS-II prepared by Public Service
      Commission was retained without any changes – Irrespective of
      getting promotion in subsequent years, the inter se seniority of
      respondents and the SC/ST roster point promotees in the rank of
E     OAS-I was maintained in the seniority list dated 16.05.2001 –
      Art.16(4A) was amended by 85 th amendment – State of Orissa
      issued Resolution dated. 20.03.2002 issuing instructions to all the
      departments to extend the benefit of seniority for SC/ST govt.
      servants on promotion by virtue of rule of reservation – Gradation
      List dated. 03.03.2008 prepared by altering the seniority of
F     respondents, contrary to the list dated.16.05.2001 – OA filed by
      respondents – Dismissed by Tribunal – Writ petition allowed – Held:
      Seniority for general category officers was restored in the
      Gradation List of OAS-I(JB) dated 16.05.2001, by extending the
      benefit of “Catch Up Rule”, evolved by Supreme Court in the case
G     of Virpal Singh Chauhan, subsequently accepted in Ajit Singh (II) –
      Validity of 85th amendment was upheld in the case of M.Nagaraj –
      After the said amendment, amending Art.16(4A) which enabled the
      State to extend the benefit of promotion with consequential seniority
      by examining the adequacy of representation to SCs/STs in the State
      services, the State of Orissa has admittedly not made any provision,
H     either by way of legislation or an executive order, to extend such
                                        222
 PRAVAKAR MALLICK & ANR. v. STATE OF ORISSA & ORS.                  223


benefit in the Class-I Services – Government Resolution dated       A
20.03.2002 is issued merely based on the instructions issued by
Govt. of India, without examining the adequacy of representation
in posts – It has no legal basis – Seniority/Gradation List dated
16.05.2001 of OAS-I (JB) was prepared correctly following the
ratio laid down by Supreme Court – In absence of any law or
                                                                    B
decision by way of executive order based on acceptable material
for conferring additional benefit of consequential seniority, the
Gradation List dated 03.03.2008 was prepared by altering the
positions maintained in List dated 16.05.2001 – Well reasoned
judgment of the High Court is not interfered with – Service Law.
     Dismissing the appeals, the Court                              C

       HELD: 1.1 The seniority for general category officers was
restored in the Gradation List of OAS-I(JB) which was prepared
on 16.05.2001, by extending the benefit of “Catch Up Rule”,
evolved by this Court in the case of Virpal Singh Chauhan which
is subsequently accepted in the case of Ajit Singh (II). After      D
Constitution (Eighty-Fifth) Amendment Act, 2001, amending
Article 16(4A) of the Constitution which enabled the State to
extend the benefit of promotion with consequential seniority by
examining the adequacy of representation to scheduled castes
and scheduled tribes in the State services, the State of Orissa     E
has not made any provision, either by way of legislation or by
an executive order, to extend such benefit in the Class-I
Services. The advocate for State specifically admitted that the
Govt. has not issued any executive order or has passed any
legislation. The Government Resolution dated 20.03.2002 is
issued merely based on the instructions issued by the               F
Government of India, without examining the adequacy of
representation in posts. Government Resolution dated
20.03.2002 can neither be termed as law made in exercise of
enabling power of the State under Article 16(4A), nor does it
satisfy the parameters laid down in the various decisions of this   G
Court. The Resolution has no legal basis. The Seniority/
Gradation List dated 16.05.2001 of OAS-I (JB) was prepared
correctly by following the ratio laid down by this Court and in
absence of any law or decision by way of executive order based
on acceptable material for conferring additional benefit of
consequential seniority, the Gradation List dated 03.03.2008 was    H
224           SUPREME COURT REPORTS                       [2020] 5 S.C.R.


A     prepared by altering the positions which were maintained in the
      List dated 16.05.2001. While it is open for the State to confer
      benefit even through an executive order by applying mandatory
      requirements as contemplated under Article 16(4A) but the
      Resolution dated 20.03.2002 is merely issued by referring to the
      instructions of the Union of India without examining the
B
      adequacy of representation in promotional posts, as held by this
      Court. [Paras 12, 13] [231-D-H; 232-A-F]
           M. Nagaraj & Ors. v. Union of India & Ors. (2006) 8
           SCC 212 : [2006] 7 Suppl. SCR 336 ; Ajit Singh &
           Ors. (II) v. State of Punjab & Ors. (1999) 7 SCC
C          209 : [1999] 2 Suppl. SCR 521 – followed.
           Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.
           (2018) 10 SCC 396 : [2018] 10 SCR 663 – held
           inapplicable.
           Union of India & Ors. v. Virpal Singh Chauhan & Ors.
D
           (1995) 6 SCC 684 ; [1995] 4 Suppl. SCR 158 ; Suraj
           Bhan Meena & Anr. v. State of Rajasthan & Ors.
           (2011) 1 SCC 467 : [2010] 14 SCR 532 ; B.K. Pavitra
           & Ors. v. Union of India & Ors. (2017) 4 SCC 620 :
           [2017] 1 SCR 631 – relied on.
E          Indra Sawhney & Ors. v. Union of India & Ors. (1992)
           Supp. 3 SCC 217 : [1992] 2 Suppl. SCR 454 ; Jagdish
           Lal & Ors. v. State of Haryana & Ors. (1997) 6 SCC
           538 – referred to.
                           Case Law Reference
F
      [2006] 7 Suppl. SCR 336        followed               Para 3
      [1995] 4 Suppl. SCR 158        relied on              Para 4
      (1997) 6 SCC 538                referred to           Para 4
      [1999] 2 Suppl. SCR 521        followed               Para 4
G     [2010] 14 SCR 532               relied on             Para 11
      [2017] 1 SCR 631                relied on             Para 11
      [2018] 10 SCR 663               held inapplicable     Para 11
      [1992] 2 Suppl. SCR 454        referred to            Para 11
H
 PRAVAKAR MALLICK & ANR. v. STATE OF ORISSA & ORS.                             225


      CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3240                     A
of 2011.
      From the Judgment and Order dated 24.12.2010 of the High
Court of Orissa at Cuttack in Writ Petition (Civil) No. 6781 of 2008.
      With
                                                                               B
      Civil Appeal No. 4421 of 2011
      A. Subba Rao, K.L.D.S. Vinober, Naresh Kumar, Advs. for the
Appellants.
      Shibashish Misra, S. Debabrata Reddy, Chandan Kumar Mandal,
Ms. Rajdipa Behura, Philomon K., Ms. Nansika Sahu, Ms. Neha V.,                C
Ashray Behura, A. Venayagam Balan, Sibo Sankar Mishra, Niranjan
Sahu, Advs., for the Respondents.
      The Judgment of the Court was delivered by
      R. SUBHASH REDDY, J.
                                                                               D
      Civil Appeal No.3240 of 2011
      1. This civil appeal is filed, aggrieved by the judgment and order
dated 24.12.2010 passed by the High Court of Orissa at Cuttack in
W.P.(C) No.6781 of 2008. By the aforesaid order, writ petition filed
by respondent nos.4 to 8 herein, is allowed by setting aside the order         E
dated 17.04.2008 passed in O.A.No.904(C) of 2008 etc. by the Orissa
Administrative Tribunal and the Government Resolution dated
20.03.2002 and the consequential Gradation List dated 03.03.2008 of
Orissa Administrative Services, Class-I (Junior Branch) are quashed.
       2. In view of the instructions issued in Office Memorandum dated        F
21.01.2002, by the Government of India, Ministry of Personnel, Public
Grievances and Pensions, the Government of Orissa has passed
Resolution dated 20.03.2002. By the aforesaid Resolution, while
withdrawing the earlier instructions, for fixation of seniority of Scheduled
Caste/Scheduled Tribe (SC/ST) government servants on promotion by
virtue of rule of reservation, the State Government has issued                 G
instructions to the effect that the “Catch Up Principle” adopted earlier
by the State Government in General Administration Department
Resolution No.39374 dated 02.11.2000 shall not be followed any longer.
It is further ordered that the government servants belonging to SCs/
STs shall retain their seniority in the case of promotion by virtue of rule    H
226               SUPREME COURT REPORTS                         [2020] 5 S.C.R.


A     of reservation. In the said G.O. it is further clarified that the government
      servants belonging to general/OBC category promoted later will be
      placed junior to the SC/ST government servants promoted earlier, by
      virtue of rule of reservation.
             3. The High Court has allowed the abovementioned writ petition
B     and the connected writ petitions and quashed the aforesaid G.O. and
      Gradation List dated 03.03.2008 mainly on the ground that, unless and
      until the State Government makes a law for conferring the benefit of
      promotion with consequential seniority to SC/ST candidates, they are
      not entitled to claim seniority in the promoted categories over the general
      category candidates. The said writ petition is allowed, following the
C     judgment of this Court in the case of M. Nagaraj & Ors. v. Union
      of India & Ors.1.
             4. The respondent-writ petitioners were appointed to Orissa
      Administrative Service-II (OAS-II) posts pursuant to selections made
      by the Orissa Public Service Commission. They were recruited during
D     the years 1983, 1984 and 1987. They were assigned different ranks in
      the merit list for their respective batches prepared by the Public Service
      Commission. In the above said merit list, persons belonging to SC/ST
      category, who were appointed against the reserved vacancies were
      placed below the writ petitioners. Thus, the writ petitioners were senior
E     to appointees belonging to SC/ST category. The respondent-writ
      petitioners were subsequently promoted and appointed in the next higher
      category, i.e., Orissa Administrative Service-I (OAS-I)(JB) vide
      Government Notification dated 26.08.2000. The appellants and some
      others belonging to SC and ST category, recruited along with the
      respondent-writ petitioners in subsequent batches, were given promotion
F     to the rank of OAS-I(JB) against reserved vacancies during the year
      1995 and 2000 as provided under Orissa Reservation of Vacancies in
      Posts and Services (For Scheduled Castes and Scheduled Tribes) Act,
      1975 and the rules made thereunder. The seniority of reserved
      categories and unreserved categories, including that of the respondent-
G     writ petitioners was not finalised by the Public Service Commission since
      the principles determining seniority, inter se, was the subject matter of
      several litigations. The original seniority position in the cadre of OAS-
      II prepared by the Public Service Commission was retained without
      any changes in view of the judgment of this Court in the case of Union
      1
H         (2006) 8 SCC 212
    PRAVAKAR MALLICK & ANR. v. STATE OF ORISSA & ORS.                      227
                [R. SUBHASH REDDY, J.]

of India & Ors. v. Virpal Singh Chauhan & Ors.2. Irrespective of           A
getting promotion in subsequent years, the inter se seniority of the
respondent-writ petitioners and the SC/ST roster point promotees in the
rank of OAS-I was maintained in the seniority list prepared on
16.05.2001. Article 16(4A) of the Constitution of India was amended
by 85th amendment, enabling the State to grant benefit of promotion
                                                                           B
with consequential seniority to SC/ST reserved category officers. By
Constitution (85th ) Amendment Act of 2001, Article 16(4A) was
amended and for the words, “in matters of promotion to any class”,
the words, “in matters of promotion with consequential seniority to any
class” were substituted. In the judgment of this Court in the case of
M. Nagaraj1 a Constitution Bench of this Court, while upholding the        C
Constitution (85th) Amendment Act of 2001 held that, the State is not
bound to make reservation for SCs/STs in matter of promotions.
However it was held that, if they wish to exercise their discretion and
make such provision, the State has to collect quantifiable data showing
backwardness of the class and inadequacy of representation of that
                                                                           D
class in public employment in addition to compliance with Article 335
of the Constitution of India. It is further made clear that even if the
State has compelling reasons, the State will have to see that its
reservation provision does not lead to excessiveness so as to breach
the ceiling of 50% or obliterate the creamy layer or extend the
reservation indefinitely. In the case of Virpal Singh Chauhan2, this       E
Court has held that reserved promoted candidates are not entitled to
seniority in the promoted post and if the general category candidate
reaches the said post, he is entitled to seniority over the promotees to
reserved vacancies. Subsequently, a three-Judge Bench judgment of
this Court in the case of Jagdish Lal & Ors. v. State of Haryana &
                                                                           F
Ors.3 has held that reserved promoted category candidates are entitled
to seniority, in the promoted posts and not as per the feeder cadre.
Subsequently, a Constitution Bench of this Court in the case of Ajit
Singh & Ors. (II) v. State of Punjab & Ors.4 has overruled the
judgment in the case of Jagdish Lal3 and upheld the principle, viz.,
“Catch Up Rule”, as mentioned in the judgment in the case of Virpal        G
Singh Chauhan2.


2
  AIR 1996 SC 448 = (1995) 6 SCC 684
3
  (1997) 6 SCC 538
4
  (1999) 7 SCC 209                                                         H
228             SUPREME COURT REPORTS                           [2020] 5 S.C.R.


A            5. In view of the “Catch Up Rule” evolved by this Court in the
      case of Virpal Singh Chauhan2, which is approved by this Court,
      subsequently in the case of Ajit Singh (II) 4, the seniority list dated
      16.05.2001, of officers of OAS-I(JB Cadre) has been prepared. In
      such list, the roster point promotees belonging to SC/ST category, who
      were given promotion to OAS-I(JB) against reserved vacancies earlier,
B
      irrespective of their original seniority in the feeder cadre, were shown
      below the respondent-writ petitioners. It is not in dispute that after 85 th
      Constitution Amendment amending Article 16(4A) of the Constitution,
      the State of Orissa has neither issued any executive order nor enacted
      any legislation for conferring benefit of seniority for officers belonging
C     to SC/ST category who are promoted against reserved vacancies.
      Referring to instructions issued by the Government of India, the State
      of Orissa has issued Resolution dated 20.03.2002 issuing instructions
      to all the departments of the Government to extend the benefit of
      seniority for scheduled caste and scheduled tribe government servants
      on promotion by virtue of rule of reservation. Pursuant to such
D
      Government Resolution dated 20.03.2002, Gradation List dated
      03.03.2008 was prepared by altering the seniority of the respondent-
      writ petitioners, contrary to the list dated 16.05.2001.
             6. At first instance, the respondent-writ petitioners approached
      the Orissa Administrative Tribunal by filing Original Application, but the
E     said application was dismissed on the ground that it was premature.
      Thereafter, respondent-writ petitioners have approached the High Court
      questioning the orders of the Tribunal and sought further reliefs for
      quashment of Government Resolution and the consequential Gradation
      List. The writ petition is allowed by a common order in a batch of cases
F     by the High Court mainly on the ground that, the Government Resolution
      dated 20.03.2002 can neither be termed as a law in exercise of enabling
      power of the State under Article 16(4A), nor does it satisfy the
      parameters laid down by this Court. The High Court further held that
      there is no legal basis for such Resolution and accordingly quashed the
      Government Resolution and consequential Gradation List.
G
            7. We have heard Sri A. Subba Rao, learned counsel appearing
      for the appellants; learned counsel for the State of Orissa; and the
      learned counsel representing one of the writ petitioners.
            8. Sri Subba Rao, learned counsel appearing for the appellants
H     has primarily contended that as per the judgment of this Court in the
 PRAVAKAR MALLICK & ANR. v. STATE OF ORISSA & ORS.                          229
             [R. SUBHASH REDDY, J.]

case of M. Nagaraj1 this Court has upheld the amendment to Article          A
16(4A) of the Constitution by 85th Constitution Amendment and held
that it is always open for the State to extend the benefit of reservation
with consequential seniority, either by executive order or by way of
legislation. When the Government has taken decision by way of
Resolution dated 20.03.2002, same is quashed by the High Court without
                                                                            B
assigning any valid reasons. It is further submitted that the Orissa Act
38 of 1975, i.e., The Orissa Reservation of Vacancies in Post and
Services (For Scheduled Castes and Scheduled Tribes) Act, 1975 is in
force, in the State and by the said Act, benefit of reservation has been
extended to scheduled castes and scheduled tribes, in promotions also.
The learned counsel has placed reliance on Section 10 of the said Act,      C
to buttress his submission that as per the same, the promoted SC/ST
candidates are entitled for benefit of seniority.
        9. The learned counsel appearing for the State of Orissa has
fairly submitted that after 85th Constitution Amendment by which Article
16(4A) was amended, there is neither any legislation in the State of        D
Orissa nor any executive order by the Government, to extend the benefit
of promotion to the reserved vacancies with consequential seniority.
      10. Having heard the learned counsels on both sides we have
perused the impugned order and other material on record.
      11. It is clear from the material placed on record that the           E
seniority for general category officers was restored in the Gradation
List of OAS-I(JB) which was prepared on 16.05.2001, by extending
the benefit of “Catch Up Rule”, evolved by this Court in the case of
Virpal Singh Chauhan2 which is subsequently accepted in the case
of Ajit Singh (II) 4. After Constitution (Eighty-Fifth) Amendment Act,      F
2001, Article 16(4A) reads as under :
      “16. Equality of opportunity in matters of public
      employment.-(1) …. …. ….
      (2) …. …. ….
                                                                            G
      (3) …. …. ….
      (4) …. …. ….
      (4A) Nothing in this article shall prevent the State from making
      any provision for reservation in matters of promotion, with
      consequential seniority, to any class or classes of posts in the      H
230            SUPREME COURT REPORTS                           [2020] 5 S.C.R.


A           services under the State in favour of the Scheduled Castes and
            the Scheduled Tribes which, in the opinion of the State, are not
            adequately represented in the services under the State.”
              The above said amended constitutional provision makes it clear
      that in case the State is of opinion, SC & STs are not adequately
B     represented, State is empowered to make a provision for reservation
      in matters of promotion with consequential seniority, to any class. When
      the validity of the constitutional amendment was questioned, same was
      upheld by this Court in the case of M. Nagaraj1. In the aforesaid
      judgment, a Constitution Bench of this Court has held that the State is
      not bound to make reservation for SCs/STs in matters of promotion.
C     However, if they wish to exercise their discretion and make reservations
      in promotion, the States have to collect quantifiable data showing
      backwardness of the class and inadequacy of representation of that
      class in public employment, keeping in mind maintenance of efficiency,
      as indicated by Article 335 of the Constitution of India. It is further
D     held that such exercise depends on availability of data. In the case of
      Suraj Bhan Meena & Anr. V. State of Rajasthan & Ors.5 a two-
      Judge Bench of this Court has considered the validity of notifications,
      providing for promotion of members of SC/ST with consequential
      seniority, issued by the State Government. In the aforesaid judgment,
      it is held by this Court that the need for collecting quantifiable data and
E     ascertaining inadequacy of representation of members belonging to SC/
      STs is a condition precedent for issuing notifications providing benefit
      of reservation with consequential seniority. Further, in the case of B.K.
      Pavitra & Ors. v. Union of India & Ors.6 this Court has held that
      the determination of ‘inadequacy of representation’, ‘backwardness’
F     and ‘overall efficiency’ is mandatory for exercising power under Article
      16(4A). It is further held in the said case that the mere fact that there
      is no proportionate representation in promotional posts for reserved
      category candidates, by itself is not sufficient to extend the benefit of
      consequential seniority to promotees who are otherwise juniors. It is
      held that in absence of such mandatory exercise by the State the “Catch
G     Up Rule” fully applies. In the case of Jarnail Singh & Ors. v.
      Lachhmi Narain Gupta & Ors.7 while answering the reference a
      Constitution Bench of this Court has held that the judgment in the case
      5
        (2011) 1 SCC 467
      6
        (2017) 4 SCC 620
      7
H       (2018) 10 SCC 396
    PRAVAKAR MALLICK & ANR. v. STATE OF ORISSA & ORS.                        231
                [R. SUBHASH REDDY, J.]

of M. Nagaraj1 need not be revisited by referring to a seven-Judge           A
Bench. At the same time it held that the conclusion in M. Nagaraj1
that the State has to collect quantifiable data showing backwardness
of scheduled castes and scheduled tribes is held to be invalid on the
ground that the same runs contrary to 9-Judge Bench judgment of this
Court in the case of Indra Sawhney & Ors. v. Union of India &
                                                                             B
Ors.8. It is also held in the said judgment that Article 16(4A) has been
couched in language which would leave it to the States to determine
adequate representation depending upon the promotional post in question.
Further in the case of B.K. Pavitra & Ors. v. Union of India &
Ors. 9 this Court while considering the validity of Karnataka
Determination of Seniority of the Government Servants Promoted on            C
the Basis of Reservation (to the Posts in the Civil Services of the State)
Act, 2002 has upheld the Act on the ground that same was enacted by
making study regarding inadequacy of representation, and overall
administrative efficiency.
       12. In view of the judgments as referred above, in this case, it is   D
to be noticed that after Constitution (Eighty-Fifth) Amendment Act,
2001, amending Article 16(4A) of the Constitution which enabled the
State to extend the benefit of promotion with consequential seniority
by examining the adequacy of representation to scheduled castes and
scheduled tribes in the State services, the State of Orissa has not made
any provision, either by way of legislation or by an executive order, to     E
extend such benefit in the Class-I Services. The advocate for State
specifically admitted that the Govt. has not issued any executive order
or has passed any legislation. The Government Resolution dated
20.03.2002 is issued merely based on the instructions issued by the
Government of India, without examining the adequacy of representation        F
in posts. As is evident from the order of the High Court, the State in
its counter affidavit has taken the stand that there is no necessity for
bringing out any law to extend the benefit of seniority for those who
are promoted in reserved vacancies. Government Resolution dated
20.03.2002 can neither be termed as law made in exercise of enabling
power of the State under Article 16(4A), nor does it satisfy the             G
parameters laid down in the various decisions of this Court. The
Resolution has no legal basis. The Seniority/Gradation List dated

8
    1992 Supp. (3) SCC 217
9
    2019 SCC OnLine SC 694                                                   H
232             SUPREME COURT REPORTS                            [2020] 5 S.C.R.


A     16.05.2001 of OAS-I (JB) was prepared correctly by following the ratio
      laid down by this Court and in absence of any law or decision by way
      of executive order based on acceptable material for conferring
      additional benefit of consequential seniority, the Gradation List dated
      03.03.2008 was prepared by altering the positions which were
      maintained in the List dated 16.05.2001. While it is open for the State
B
      to confer benefit even through an executive order by applying
      mandatory requirements as contemplated under Article 16(4A) but the
      Resolution dated 20.03.2002 is merely issued by referring to the
      instructions of the Union of India without examining the adequacy of
      representation in promotional posts, as held by this Court.
C            13. Further, the submission of the learned counsel – Sri A. Subba
      Rao – that the benefit of reservation in promotion is given in the services
      of OAS-I for scheduled caste and scheduled tribe officers as per
      Section 10 of Orissa Act 38 of 1975, but same cannot be countenanced
      for the reason that such Act was enacted by the State of Orissa in the
D     year 1975 but no provision is brought to our notice in such Act for giving
      the benefit of seniority for the promotees who were promoted in
      reserved vacancies. In absence of any provision in the said Act for
      conferring the benefit of seniority, and in absence of any amendment
      after Constitution (Eighty-Fifth) Amendment Act of 2001, by which
      Article 16(4A) was amended, benefit of seniority cannot be extended
E     relying on Section 10 of the Act. In view of the stand of the respondent-
      State in the counter affidavit filed in the writ petition and further in view
      of the submission made by the learned counsel for the State of Orissa
      that no benefit of seniority was extended by any State Act or by any
      executive order by examining adequate representation in terms of Article
F     16(4A) of the Constitution, we do not find any merit in this appeal so
      as to interfere with the well reasoned judgment of the High Court. The
      judgment of this Court rendered in the case of Jarnail Singh7 relied
      on by the learned counsel for the appellants also would not take any
      further the case of the appellants. In the said judgment also for giving
      the benefit of promotion with consequential seniority, the need to examine
G     adequate representation in posts in terms of the judgment of this Court
      in the case of M. Nagaraj1 is maintained. As such, the said judgment
      would not render any assistance for the case of appellants.
            14. For the aforesaid reasons, the appeal is dismissed with no
      order as to costs.
H
 PRAVAKAR MALLICK & ANR. v. STATE OF ORISSA & ORS.                          233
             [R. SUBHASH REDDY, J.]

       Civil Appeal No.4421 of 2011                                         A
      15. The appellants in this appeal, who were not parties before
the High Court, have also sought the same relief as has been sought in
Civil Appeal No.3240 of 2011. In view of dismissal of Civil Appeal
No.3240 of 2011, this appeal also stands dismissed.
                                                                            B
Divya Pandey                                           Appeals dismissed.




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