- (1.) The Orissa Public Service Commission (OPSC) issued an advertisement for a Competitive Examination (1974-1975) for recruitment of approximately 300 persons, of which 16% were reserved for Schedule Castes and 24% for Schedule Tribes. The OPSC recommended names of 714 successful candidates which included 20 in the reserved categories, which were approved by the Home Department on 24.11.1977. Since a substantially inadequate number of candidates in the reserved categories had been recommended by the OPSC, the State Government decided to fill these remaining seats on an ad hoc basis. Therefore, 403 reserved candidates including the Respondents were appointed in four batches between 15.5.1978 and 30.3.1980. The names of these candidates had been sponsored by the Employment Exchange and they were found suitable by a duly constituted Selection Committee which interviewed them. However, they were appointed with the stipulation that their services would be terminated as soon as reserved candidates selected by the OPSC became available.
(2.) On 31.10.1979, the State Government amended Rule 3 of the Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Lower Division Assistant in the Office of Department of Secretariat) Rules, 1951 empowering the OPSC to recruit candidates for the service by means of a competitive examination. Subsequently, vide State Resolution dated 25.5.1982, the ad hoc reserved candidates recruited between 15.5.1978 and 31.10.1979, including the Respondents, were deemed as regular appointments. 52 other reserved candidates who were appointed after the OMS Rules 1951 amendment was effected were deemed to be employed on a temporary basis until a fresh competitive examination was held under the amended Rule 3 of the OMS Rules 1951. Vide another State Resolution dated 4.3.1983, the regularization of the ad hoc appointees affected by the previous resolution was given retrospective effect from the date of initial appointment as Junior Assistants, with the stipulation that in terms of seniority, they were always to be placed below the OPSC selected candidates appointed on the same day. Promotions were made in accordance with the gradation list prepared by the government pursuant to this resolution dated 4.3.1983. As a result of this, 145 reserved category appointees (including the Respondents) who had not been recruited by the OPSC but through an alternate method of regular recruitment became senior to the Appellants, who are OPSC appointed general category candidates.
(3.) Some of the OPSC selected reserved category candidates challenged the fixation of their seniority in the cadre of Lower Division Assistant as well as the promotion of some of the regularized candidates to the rank of Senior Assistant in consequence of the alleged wrong fixation of seniority. These proceedings were transferred to the Orissa Administrative Tribunal, which, on 16.8.1989, declared the fixation of inter se seniority and promotions of regularized candidates over OPSC appointed recruits illegal and contrary to law. The Tribunal took note of the fact that the petitioners before it were appointed before the regularized candidates as well as the fact that as per the Resolution dated 4.3.1983, the seniority of the former was to be above the regularized candidates appointed on the same day. The Tribunal held that the gradation list made in consequence of the Government Resolution dated 25.5.1982 was illegal, and the petitioners were entitled to consideration for their promotion in view of their seniority.;