Summary
Departmental recommendations for 2008 recruitment created no vested right to promotion into the later-abolished OAS Class II cadre. No Selection Board consideration, Commission recommendation or final approved list had followed. The governing rules imposed no deadline requiring completion under the old regime, and cadre restructuring was unchallenged. The High Court could not order completion against abolished posts under repealed rules. Unreasoned dismissal of an earlier SLP did not establish a binding contrary rule.
Issues
- Whether departmental recommendations created an accrued right to selection under the old rules.
- Whether old vacancies had to be filled in the abolished cadre despite restructuring and repeal.
- Whether a prior summary SLP dismissal bound the Court.
Provisions considered
- Rule 6, Orissa Administrative Service, Class II (Recruitment) Rules, 1978Left the State to determine vacancies to be filled in a particular year, with prior Commission consultation; it did not impose the asserted mandatory completion timetable. (¶¶ 7.3, 7.14)
Held
- Recommendations under Regulation 6 were only an initial stage. The required Selection Board, Commission and final-list stages had not occurred, so the respondents had no accrued or vested selection or promotion right. (¶ 7.1–7.12)
- There is no universal rule that every vacancy must be filled under rules prevailing when it arose. The old scheme here lacked the annual panel or completion duty distinguishing Rangaiah. (¶ 7.11–7.14)
- The OAS Class II cadre had been abolished and replaced by Revenue Service Group B, without challenge. The respondents could not claim a lien over abolished posts or compel their filling under the repealed scheme. (¶¶ 7.15–7.20, 8)
- Appointments against 2001–2005 vacancies had occurred before repeal and were not comparable. A reasonless dismissal of an SLP against another decision was not a declaration of law or binding precedent under Article 141. (¶ 7.21–7.22)
Result
State’s appeals allowed. High Court’s common judgment and connected orders directing completion of the 2008 selection for the abolished OAS Class II cadre set aside. Pending interlocutory applications disposed of.