Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Art.141 limine dismissal of SLP Appointment Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Appointment – On 28.04.08 the appellant-State issued letter to all the Departments inviting recommendations for appointment by way of promotion to the Orissa Administrative Service Class-II (OAS Class-II) cadre having 150 vacancies – Recruitment process was to be undertaken in accordance with the 1978 Rules and the 1978 Regulations – Concerned Departmental Authorities forwarded the names of 559 candidates, including the Respondents, for consideration – State decided to keep the recruitment process for OAS Class-II posts for the recruitment year 2008 on hold, till the process of recruitment for the years 2001-2005 was completed – Aggrieved by the delay, OAs filed by the Respondents before the Tribunal – State undertook restructuring of the Orissa Administrative Service in Feb. 2009 – Existing cadre of OAS Class-II posts was abolished and corresponding cadre of the Orissa Revenue Service Group ‘B’ cadre was created – State appointed candidates on OAS Class-II posts for the recruitment years 2001 to 2005 – 1978 Rules under which the 2008 recruitment process had been initiated, repealed– Tribunal directed the State to take immediate steps to fill up Class- II/Group‘B’ posts in the Orissa Revenue Service cadre – Challenge by the Respondents –Judgment of the Tribunal set aside –On appeal, held: Respondents cannot claim an accrued or vested right for selection or promotion to OAS Class-II posts, merely on the basis of their names being forwarded – Their names were merely recommended by their respective Departmental Authorities under Regulation 6 – Recruitment process did not proceed any further in accordance with Regulations 7-10 – Respondents can not be considered to be ‘eligible’ for appointment under the erstwhile 1978 Regulations, since the steps set out in the aforesaid regulations had not been completed prior to the repeal of the old 1978 Rules and the 1978 Regulations – Further, the respondents did not challenge either the abolition of OAS Class-II posts, or the creation of the corresponding Orissa Revenue Service Group ‘B’ posts – To the contrary, some of them participated in the proceedings of the D.P.C. convened on 30.04.2013 for recruitment to the newly created Orissa Revenue Service Group ‘B’ cadre – Judgment of the Division Bench set aside – Orissa Administrative Service, Class II (Recruitment) Rules, 1978 – Orissa Administrative Service, Class-II (Appointment by Promotion and Selection) Regulations, 1978 – Orissa Administrative Services (Method of Recruitment and Conditions of Service) Rules, 2011 – Orissa Revenue Service (Recruitment) Rules, 2011. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2019 INSC 629 |
Petitioner | State Of Orissa & Anr. |
Respondent | Dhirendra Sundar Das & Ors. |
SCR | [2019] 7 S.C.R. 197 |
Judgement Date | 2019-05-06 |
Case Number | 4646 |
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