NITYANANDAKAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) These four matters have converged in this Court requiring settlement of a serious dispute of seniority in the Orissa Administrative Services. One is a Civil Appeal and the remaining three are writ petitions.

(2.) Prior to January 7, 1972, there were in the Services two cadres, namely, Orissa Administrative Service Class II (for short O.A.S. II) and Orissa Subordinate Administrative Service Class III (for short O.S.A.S. II). The members of O.A.S. II were known as Deputy Collectors and those of O.S.A.S. III as Sub Deputy Collectors. Recruitment to O.A.S. II was regulated by a set of rules known as Orissa Administrative Service Class II.(Recruitment) Rules, 1959 (for short the Recruitment Rules of 1959) and recruitment to O.S.A.S. III was regulated by Orissa Subordinate Administrative Service (Recruitment) Rules, 1959. On the recommendation of a High Power Committee, the Government of Orissa decided to merge them and to have a single cadre known as O.A.S. II with a senior branch (S.B.) and junior branch (J. B.) so that all the existing officers, be they in O.A.S. II and O.S.A.S. III should be absorbed in O.A.S. II (S.J.). It was decided that the total integration of the two branches was to be completed in a phased manner. The Government of Orissa in the Political and Service Department passed a Resolution dated 7-1-1972 for giving effect to the recommendation. The main features of the Resolution were that the aforesaid two cadres were abolished and a single cadre of O.A.S. II with a senior and junior branch was constituted. The incumbents of the existing O.A.S. II cadre were absorbed in O.A.S. II (S.B.) and those of O.S.A.S. III cadre were absorbed in O.A.S. II (J.B.). The total integration of these two branches was contemplated to be completed in a phased manner in a period of about ten years. Later, on and from 21-12-1973, the two branches were abolished and a new cadre of O.A.S. II was constituted and in terms of the Government order, all members of the then existing O.A.S. II (J.B.) known as Sub Deputy Collectors were placed in the seniority list below the last person in the then existing O.A.S. II (S.B.) known as Deputy Collectors. Thus, with effect from 21-12-1973 all became Deputy Collectors retaining their position where they were on the date of absorption, i.e., 21-12-1973.

(3.) For the purposes of promotion, the Orissa Administrative, Service Class II (Appointment by Promotion, Transfer and Selection) Regulations, 1959 (for short Regulations of 1959) made provision for determining the 'year of allotment' for the members of the O.A.S. II. Additionally Regulation 3 of Orissa Administrative Service Class II (Appointment by Competitive Examination Regulation) 1959 providing for holding of competitive examination required the State Public Service Commission to conduct an examination having regard to the likely number of vacancies each year in the manner prescribed for direct recruitment to the services. Based upon the concept of 'year of allotment', the State Government in the working of the merger Resolution gave due regard to the 'year of allotment' while settling claims of seniority between direct recruits to the merged service and the mergerists brought into that service.