State of Orissa & Anr. Vs Dhirendra Sundar Das & Ors. (Supreme Court of India)
The Civil Appeals arose from a common judgment of the Orissa High Court directing the State to convene a review Departmental Promotion Committee (D.P.C.) and complete the recruitment process for 150 vacancies in the Orissa Administrative Service (OAS) Class – II cadre for the recruitment year 2008 under the Orissa Administrative Service Class II Rules, 1978 and the corresponding Regulations.
On 28.04.2008, the State initiated the process for filling 150 OAS Class – II posts and invited recommendations. The names of 559 candidates, including the contesting respondents, were forwarded by departmental authorities under Regulation 6 of the 1978 Regulations. However, the process was kept on hold due to directions of the Orissa Administrative Tribunal (O.A.T.) to complete recruitment for earlier years (2001–2005).
In 2009, the State restructured the cadre. The OAS Class – II posts were abolished, and the Orissa Revenue Service (ORS) Group ‘B’ cadre was constituted. Subsequently, the Orissa Administrative Services (Method of Recruitment and Conditions of Service) Rules, 2011 repealed the 1978 Rules. The O.A.T., by judgment dated 14.03.2012, held that the contesting respondents had no accrued right to promotion, as no Selection Board or D.P.C. had been convened and no select list prepared. It directed filling up ORS Group ‘B’ posts in accordance with applicable rules.
