VidhiSangh

Supreme Court of India · 06/05/2019

STATE OF ORISSA & ANR. versus DHIRENDRA SUNDAR DAS & ORS.

[2019] 7 S.C.R. 197 · 2019 INSC 629

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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 The High Court could not order completion against abolished posts under repealed rules.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

  1. Whether departmental recommendations created an accrued right to selection under the old rules.
  2. Whether old vacancies had to be filled in the abolished cadre despite restructuring and repeal.
  3. Whether a prior summary SLP dismissal bound the Court.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 197.