The State Of Odisha vs Dhirendra Sundar Das

The O.A.T. had directed the State to separately assess the vacancies for the years 2001 to 2005 year wise, conduct the process of calling for names, hold a D.P.C. in accordance with established procedure, and make appointments within a period of six months. 2.4. In this background, the State decided to keep the recruitment process for OAS Class – II posts for the recruitment year 2008 on hold, till the process of recruitment by way of promotion/selection for the years 2001­2005 was completed.

2.7. The State undertook restructuring of the Orissa Administrative Service in February 2009.

2.8. By Resolution dated 25.05.2009, the Orissa Revenue Service Group ‘B’ cadre was constituted. 5 The existing cadre of OAS Class – II posts was abolished. The corresponding cadre of OAS Class – II was the Orissa Revenue Service Group ‘B’ cadre. 2.9. The State vide two Notifications dated 07.12.2010 appointed candidates on OAS Class – II posts by way of selection and promotion for the recruitment years 2001 to 2005.

Rule 4 of the OAS Rules, 2011 provides for recruitment by promotion to Group ‘A’ (Junior Branch) posts of the re­constituted Orissa Administrative Service cadre from members of the Orissa Revenue Service. 6 Similarly, the Orissa Revenue Service (Recruitment) Rules, 2011 (“ORS Rules, 2011”) came into force on June 27, 2011 to regulate the method of recruitment, and conditions of service, of persons appointed to the Orissa Revenue Service, including Group ‘B’ posts. 2.11. The O.A.T. vide Judgment dated 14.03.2012 decided the O.A.s filed by the contesting Respondents and other similarly situated persons who were under consideration for the vacancies for the recruitment year 2008. The State was directed to take immediate steps to fill up Class – II/Group ‘B’ posts in the Orissa Revenue Service cadre. 50% of the vacancies were to be filled up by direct recruitment, and 50% by promotion from amongst Class – III/Group C employees as early as practicable, and preferably within six months. The relief claimed by the contesting Respondents and other similarly situated persons could not be granted unless 50% of the available vacancies were first filled up by direct recruitment in accordance with the Rules. The contesting Respondents had merely been recommended by their respective 7 Departmental Authorities for promotion/selection to OAS Class – II (Group B) posts. There was no Selection Board/D.P.C. which was convened, nor was any Select List/Merit List prepared. The contesting Respondents who were continuing against Class III posts, could be considered for promotion only to Class – II (Group B) posts, and not directly to Class – I (Group A) posts. No right had accrued in favour of the contesting Respondents to seek convening of a Selection Board/Department Promotion Committee for appointment on OAS Class – II posts. The contesting Respondents would be eligible for consideration against the available Class – II/Group B posts in the promotional quota, after 50% of the vacancies were filled up by direct recruitment.

2.13. The Division Bench by the common impugned Judgment and Order dated 30.04.2018 disposed of the W.P.s filed by the contesting Respondents, and set aside the Judgment dated 14.03.2012 passed by the O.A.T. The State Authorities were directed to call for a review D.P.C. to consider the cases of the contesting Respondents, and other eligible officers, and complete the recruitment process for 150 vacant OAS Class – II posts as against the recruitment year of 2008 within 3 months. The High Court held that the 150 vacant OAS Class – II posts for which recommendations were made in the year 2008, prior to the abolition of the OAS Class – II posts, and re­ constitution of the Orissa Revenue Service cadre, be filled up under the OAS Class II Rules, 1978. 9

5.6. The claim of the contesting Respondents cannot be considered at par with the candidates for the years 2001 to 2005 as their appointments were made prior to the repeal of the OAS Class II Rules, 1978 and the OAS Class II Regulations, 1978.

[W.P. (C) No. 19827/2009; Decided on 16.04.2012] to hold that promotions could be given under the repealed OAS Class II Rules, 1978 and the OAS Class II Regulations, 1978. The S.L.P. against this judgment had been simply dismissed. The Counsel for the contesting Respondents prayed for dismissal of the present Civil Appeals by submitting that the said decision had been affirmed by this Court vide Order dated 28.09.2012.

In view of the aforesaid findings, the present Civil Appeals are allowed. The common impugned Judgment and Order dated 30.04.2018 passed by the Orissa High Court in W.P. (C) Nos. 14831 of 2013, 18749 of 2012, 6720 of 2013, 25961 of 2017 and 9200 of 2016 as well as the impugned Orders dated 08.08.2018 and 10.08.2018 passed by the Orissa 29 High Court in W.P. (C) Nos. 7383 and 14665/2018 are set aside.

Pending Interlocutory Applications, if any, are disposed of in terms of the Judgment.

Ordered accordingly.