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

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

Contesting respondents' names were only recommended and recruitment process for OAS Class-II posts did not proceed beyond initial steps before repeal of the 1978 Rules and Regulations. Following restructuring and abolition of the OAS Class-II cadre, respondents cannot claim appointment or promotion to abolished posts. Directions for appointments based on repealed rules are contrary to law and liable to be set aside.

Parties
Appellant: State of Orissa & Anr.; Respondent: Dhirendra Sundar Das & Ors.
Jurisdiction
India
Judgment Date
06 May 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeals allowed; previous judgments/orders set aside.
Legal Topics
Appointment, Promotion, Cadre Restructuring, In Limine Dismissal of SLP
Service Law Practice & Procedure Appointment Promotion Cadre Restructuring In Limine Dismissal of SLP

Case Brief

Summary, issues, holding and outcome

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Parties

State of Orissa & Anr.

Appellant

Dhirendra Sundar Das & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the contesting respondents had an accrued or vested right for selection or promotion to OAS Class-II posts for recruitment year 2008
  2. 2 Effect of abolition and restructuring of OAS Class-II cadre
  3. 3 Effect of repeal of 1978 Rules and Regulations on ongoing recruitment process

Ratio Decidendi

Contesting respondents' names were only recommended and recruitment process for OAS Class-II posts did not proceed beyond initial steps before repeal of the 1978 Rules and Regulations. Following restructuring and abolition of the OAS Class-II cadre, respondents cannot claim appointment or promotion to abolished posts. Directions for appointments based on repealed rules are contrary to law and liable to be set aside.

Court Disposition

Appeals allowed; previous judgments/orders set aside.

Orders

  • The common impugned Judgment and Order dated 30.04.2018 passed by Orissa High Court and impugned Orders dated 08.08.2018 and 10.08.2018 are set aside.
  • Pending interlocutory applications disposed of in terms of the Judgment.