Supreme Court Judgement of 2011 - implementation retrospective or prospective


Querist : Anonymous (Querist)
14 March 2011


My request in the context of Supreme Court's Judgement delivered in the case of Mamta Vs. State of Orissa, year 2011 in service matter where Supreme Court mentioned that 'by merely calling of applications from Employment Exchange will be violative of Article 14 & 16 of the Constitution'. My details are as follows: -

(i) My competitive exam of stenography and typing was held with the candidates called from Employment Exchange only;

(ii) These tests were undertaken by Director, Education, Govt. of India;

(iii) I was appointed after qualifying the competitive test as stenographer on temporary basis;

(iv) My services were discontinued on the plea that I was a project employee which in fact was not true because by virtue of my appt. letter terms and conditions and other regular facilties which were given by the Govt. department.

My questions are: -

(i) Is the above Supreme Court Judgement will be implemented retrospectively in my case because my competitive test was held in the year 1996 with Employment Exchange candidates only; or

(ii) My case does not fall under the ambit of the above judgement because it was held in the year 1996 and this Judgement came after so many years i.e. 2011;

(iii) Because the Employment Exchange was considered to be the right mode of calling applications before this judgement cam in.

Please advice my at the earliest

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