Case Note & Summary
The Supreme Court allowed the appeals filed by the State of Orissa against the judgment of the Orissa High Court which had directed the State to convene a review DPC and complete the recruitment process for 150 vacant OAS Class-II posts for the recruitment year 2008. The factual background involves a recruitment process initiated in 2008 under the OAS Class II Rules, 1978, where 559 candidates, including the respondents, were recommended by departmental authorities. However, the process was put on hold due to a tribunal direction to first fill vacancies for earlier years. In 2009, the OAS Class-II cadre was abolished and replaced by the Orissa Revenue Service Group 'B' cadre. Subsequently, the OAS Rules, 2011 repealed the 1978 Rules. The respondents filed applications before the Orissa Administrative Tribunal seeking completion of the 2008 recruitment, which were dismissed. The High Court set aside the tribunal's order and directed the State to convene a review DPC. The Supreme Court held that mere recommendation of names does not confer any right to be considered or appointed, as no DPC was convened or select list prepared. The abolition of the cadre and repeal of the rules extinguished any claim. The Court set aside the High Court's order and dismissed the writ petitions, relying on Union of India v. Krishna Kumar.
Headnote
A) Service Law - Promotion - Mere Recommendation - No Vested Right - Mere recommendation of names by departmental authorities for promotion does not confer any right to be considered or appointed, as no DPC was convened or select list prepared. (Paras 4-5) B) Service Law - Abolition of Cadre - Effect - Abolition of OAS Class-II cadre in 2009 and creation of Orissa Revenue Service Group 'B' cadre extinguishes any claim to posts in the abolished cadre. (Paras 2.8, 5.4) C) Service Law - Repeal of Rules - Effect - Repeal of OAS Class II Rules, 1978 by OAS Rules, 2011 means recruitment process under old rules cannot be completed; candidates must be considered under new rules. (Paras 2.10, 5.6) D) Service Law - Right to be Considered - No Accrued Right - No right accrues merely because names were recommended; reliance on Union of India v. Krishna Kumar, (2019) 1 SCALE 691. (Paras 5.2, 7)
Issue of Consideration
Whether the High Court was justified in directing the State to convene a review DPC for considering the case of the contesting respondents and complete the recruitment process for the recruitment year 2008 to 150 vacant OAS Class-II posts.
Final Decision
Appeals allowed; impugned judgment and orders of the High Court set aside; writ petitions filed by respondents dismissed.
Law Points
- Mere recommendation for promotion does not confer a vested right
- Abolition of cadre extinguishes claims
- Repeal of rules does not revive old process
- No right to be considered under repealed rules
