ITEM NO.33 Court 11 (Video Conferencing) SECTION XI-A.
SU P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 5030/2022
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(Arising out of impugned final judgment and order dated 09-02-2022 in OP CAT No. 50/2021 passed by the High Court Of Kerala At Ernakulam)
MANOJ MADHUKAR SALVE Petitioner(s)
VERSUS
SREERAJ S. & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.25601/2022-PERMISSION TO FILE
PETITION (SLP/TP/WP/..) and IA No.25602/2022-PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 04-03-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
For Petitioner(s) Mr. Sumit Thakur, Adv. Mr. Gaurav Gupta, Advocate
Ms. Divya Roy, AOR
For Respondent(s) Mr. Gourab Banerji, Sr. Advocate.Mr. Gautam Jha, AOR
Mr. T S Sundaram, Advocate
Mr. Ishan Das, Advocate
UPON hearing the counsel the Court made the following
O R D E R
Permission to file Special Leave Petition is granted.
The challenge in the present Special Leave Petition is to an order passed by the High Court of Kerala on 09.02.2022, whereby the
High Court has directed to provisionally declare the result of the Limited Departmental Competitive Examination and that such result would be subject to the outcome of original application filed by the aggrieved persons before the Central Administrative Tribunal.
In fact, we find that the order of stay of declaration of result was wholly unjustified, since it deprives the Department of the benefit of the promotions and to carry out its affairs. If any promotion is made in contravention of the Rules, it will be subject to the decision of the proceedings, which may be initiated, but
stay of promotion actually harms the working of public service.
In view thereof, we do not find any merit in the Special Leave Petition, which is, accordingly, dismissed.
Pending interlocutory application(s), if any, stands disposed of.
