INDU MALHOTRA,J - (1.) Leave granted. The present Civil Appeals arise out of S.L.P. (C) Nos. 4976-4980/2019 and S.L.P. (C) Diary Nos. 13938 and 13946/2019. S.L.P. (C) Nos. 4976-4980/2019 arise out of the common impugned Judgment and Order dated 30.04.2018 passed by a Division Bench of the Orissa High Court in W.P. (C) Nos. 14831/2013, 18749/2012, 6720/2013, 25961/2017 and 9200/2016. S.L.P. (C) Diary Nos. 13938 and 13946/2019 arise out of the impugned Orders dated 08.08.2018 and 10.08.2018 passed by a Division Bench of the Orissa High Court whereby W.P. (C) Nos. 7383 and 14665/2018 were disposed of in terms of the common impugned Judgment and Order dated 30.04.2018.
(2.) The factual matrix in which the present Civil Appeals arise for consideration, briefly stated, are as under: 2.1. On 28.04.2008, a Letter was issued by the Appellant -State of Orissa ("State") to all Departments, Heads of Departments, and Collectors inviting recommendations for appointment by way of promotion to the Orissa Administrative Service Class - II ("OAS Class - II") cadre having 150 vacancies. The recruitment process was to be undertaken in accordance with the Orissa Administrative Service, Class II (Recruitment) Rules, 1978 ("OAS Class II Rules, 1978") and the Orissa Administrative Service, Class - II (Appointment by Promotion and Selection) Regulations, 1978 ("OAS Class II Regulations, 1978"). 2.2. The concerned Departmental Authorities forwarded the names of 559 candidates, including the contesting Respondents, for consideration to be promoted/selected to OAS Class - II posts. 2.3. The State issued Office Order dated 07.06.2008, for implementation of the Judgment dated 11.04.2007 passed by the Orissa Administrative Tribunal, Cuttack Bench ("O.A.T."). The O.A.T. had directed the State to separately assess the vacancies for the years 2001 to 2005 year wise, conduct the process of calling for names, hold a D.P.C. in accordance with established procedure, and make appointments within a period of six months. 2.4. In this background, the State decided to keep the recruitment process for OAS Class - II posts for the recruitment year 2008 on hold, till the process of recruitment by way of promotion/selection for the years 2001-2005 was completed. 2.5. Pursuant to the Judgment of the Tribunal, the State vide Letter dated 19.06.2008 called for recommendations for the years 2001 to 2005 from all Departments, Heads of Departments, and Collectors for recruitment to OAS Class - II posts under Rule 3(c) of the OAS Class II Rules, 1978. 2.6. Aggrieved by the delay in completion of the recruitment process for the years 2007-2008, various O.A.s were filed by the contesting Respondents, and other similarly situated persons, who had been recommended for consideration to OAS Class - II posts against the vacancies for 2008 before the O.A.T. The Applicants prayed for completion of the recruitment process by convening a D.P.C.; and declaration of the selection list for the years 2007-2008 within a month, and issuance of appointment letters. 2.7. The State undertook restructuring of the Orissa Administrative Service in February 2009. The re-structured Orissa Administrative Service cadre would comprise of different Grades, viz. - OAS Class - I (Junior Branch), OAS Class I (Senior Branch), OAS (Supertime Scale), OAS (Senior Grade in Supertime Scale), OAS (Superior Administrative Grade), and OAS (Special Secretary). 2.8. By Resolution dated 25.05.2009, the Orissa Revenue Service Group 'B' cadre was constituted. The existing cadre of OAS Class - II posts was abolished. The corresponding cadre of OAS Class - II was the Orissa Revenue Service Group 'B' cadre. 2.9. The State vide two Notifications dated 07.12.2010 appointed candidates on OAS Class - II posts by way of selection and promotion for the recruitment years 2001 to 2005. 2.10. The State framed the Orissa Administrative Services (Method of Recruitment and Conditions of Service) Rules, 2011 ("OAS Rules, 2011") under Article 309 of the Constitution of India. The Rules came into force on 25.06.2011. Rule 17 of the OAS Rules, 2011 repealed the OAS Class II Rules, 1978 under which the 2008 recruitment process had been initiated. Rule 4 of the OAS Rules, 2011 provides for recruitment by promotion to Group 'A (Junior Branch) posts of the re-constituted Orissa Administrative Service cadre from members of the Orissa Revenue Service. Similarly, the Orissa Revenue Service (Recruitment) Rules, 2011 ("ORS Rules, 2011") came into force on June 27, 2011 to regulate the method of recruitment, and conditions of service, of persons appointed to the Orissa Revenue Service, including Group 'B' posts. 2.11. The O.A.T. vide Judgment dated 14.03.2012 decided the O.A.s filed by the contesting Respondents and other similarly situated persons who were under consideration for the vacancies for the recruitment year 2008. The State was directed to take immediate steps to fill up Class - II/Group 'B' posts in the Orissa Revenue Service cadre. 50% of the vacancies were to be filled up by direct recruitment, and 50% by promotion from amongst Class - III/Group C employees as early as practicable, and preferably within six months. The relief claimed by the contesting Respondents and other similarly situated persons could not be granted unless 50% of the available vacancies were first filled up by direct recruitment in accordance with the Rules. The contesting Respondents had merely been recommended by their respective Departmental Authorities for promotion/selection to OAS Class - II (Group B) posts. There was no Selection Board/D.P.C. which was convened, nor was any Select List/Merit List prepared. The contesting Respondents who were continuing against Class III posts, could be considered for promotion only to Class - II (Group B) posts, and not directly to Class - I (Group A) posts. No right had accrued in favour of the contesting Respondents to seek convening of a Selection Board/Department Promotion Committee for appointment on OAS Class - II posts. The contesting Respondents would be eligible for consideration against the available Class - II /Group B posts in the promotional quota, after 50% of the vacancies were filled up by direct recruitment. 2.12. Aggrieved by the common Judgment and Order dated 14.03.2012 passed by the O.A.T., the contesting Respondents filed W.P.s before the Orissa High Court seeking quashing of the Judgment dated 14.03.2012 passed by the O.A.T.; issuance of directions to the Stateto complete the recruitment process to OAS Class - II posts on the basis of the recommendations made in favour of the contesting Respondents; and, grant promotion to the contesting Respondents to OAS Class -II posts with all service and promotional benefits from the date such benefits were due. 2.13. The Division Bench by the common impugned Judgment and Order dated 30.04.2018 disposed of the W.P.s filed by the contesting Respondents, and set aside the Judgment dated 14.03.2012 passed by the O.A.T. The State Authorities were directed to call for a review D.P.C. to consider the cases of the contesting Respondents, and other eligible officers, and complete the recruitment process for 150 vacant OAS Class - II posts as against the recruitment year of 2008 within 3 months. The High Court held that the 150 vacant OAS Class - II posts for which recommendations were made in the year 2008, prior to the abolition of the OAS Class - II posts, and re-constitution of the Orissa Revenue Service cadre, be filled up under the OAS Class II Rules, 1978.
(3.) Aggrieved by the impugned Judgment and Order dated 30.04.2018 as well as the impugned Orders dated 08.08.2018 and 10.08.2018 passed by the Division Bench, the State has filed the present Special Leave Petitions.;