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2019 (5) TMI 1949 - SC - Indian LawsSelection/promotion against the vacancies in the recruitment year 2008 - convention of review D.P.C. - accrued or vested right - whether the Division Bench of the Orissa High Court was justified in directing the State to convene a review D.P.C. for considering the case of the contesting Respondents and other eligible officers, and directing it to complete the recruitment process for recruitment year of 2008 to the 150 vacant posts? HELD THAT:- The contesting Respondents cannot claim an accrued or vested right for selection or promotion to OAS Class-II posts in the year 2008, merely on the basis of their names being forwarded by the respective Departmental Authorities - When the recruitment process for 2008 was initiated vide Letter dated April 28, 2008 by the State, the extant Rules and Regulations occupying the field for selection and promotion to OAS Class-II posts were the OAS Class II Rules, 1978 and the OAS Class II Regulations, 1978. Rule 3 of the OAS Class II, Rules 1978 provided that recruitment to OAS Class II posts was to be made by three methods-first, direct recruitment by competitive examination [Rule 3(a)]; second, promotion from amongst Gazetted Officers of a certain class [Rule 3(b)]; and third, selection of non-Gazetted Officers [Rule 3(c)] - The proportion of candidates to be recruited by the methods specified above as per Rule 8 of the OAS Class II Rules, 1978 was-50% by direct recruitment, 30% by promotion, and 20% by selection. In the present case, the names of 559 candidates, including the contesting Respondents, were merely recommended by their respective Departmental Authorities Under Regulation 6. The recruitment process did not proceed any further in accordance with Regulations 7, 8, 9 and 10. No final list of selected candidates was placed by the Orissa Public Service Commission before the State Government for the purposes of appointment as against the vacancies of 2008 - the contesting Respondents had not acquired an accrued or vested right of selection or promotion to OAS Class-II posts in accordance with the OAS Class II Rules, 1978 and the OAS Class II Regulations, 1978, since their names had never been considered for selection or promotion beyond the stage contemplated Under Regulation 6. Tthe judgment of the Division Bench is liable to be set aside since the contesting Respondents did not have a vested or fructified right of promotion to OAS Class II posts which had arisen during the recruitment year 2008. The names of the contesting Respondents were merely recommended for consideration. In the meanwhile, in 2009 the State had re-structured the cadre, and abolished the OAS Class II cadre. The re-constituted cadre viz. the Orissa Revenue Service Group 'B' cadre came in its place. Hence, the direction of the Division Bench to appoint the contesting Respondents in the vacancies which had occurred in the abolished cadre, in accordance with the repealed 1978 Rules, was contrary to law, and liable to be set aside. Appeal allowed.
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