CHARAN SINGH HEMBRAM Vs. STATE OF ODISHA

JUDGEMENT

(1.) All the above 10 (ten) writ petitions are involving the same issue of inter-se seniority in the ministerial cadre of Assistant Sec. Officer (in short, 'ASO') in Odisha Secretariat Service. These writ petitions can be broadly divided into two categories. First category consisting of 7 (seven) writ petitions, i.e. W.P.(C) Nos.24191, 24192, 24193, 24194, 26739 and 36496 of 2020 involve the dispute of inter-se seniority among two batch of direct recruits, and Second category comprising 3(three) writ petitions, i.e. W.P.(C) Nos.17311, 29089 and 36444 of 2020 involve dispute of inter-se seniority between the promotees and inductee appointees versus direct recruits.

(2.) To deal with the first category, the facts described succinctly are that, two advertisements to fill up the posts of ASO were issued in the year 2012-13 and the year 2015-16. Advertisement No.08 dtd. 6/10/2012 was issued by the Odisha Public Service Commission (in short, 'OPSC') inviting applications to fill up 811 vacancies for the post of ASO through direct recruitment. Since some dispute arose relating to number of reserved posts leading to filing of judicial proceedings, a corrigendum was issued on 21/8/2014 modifying category-wise vacancies and extending the last date of application with stipulation that the candidates, who had already applied, are not required to reapply. Subsequently on 14/5/2015, Advertisement No.06 of 2015-16 was issued by the OPSC to conduct a recruitment drive for ST category candidates for 140 vacancies in total and all the posts were reserved for Scheduled Tribe candidates only.

(3.) It is to be mentioned here that prior to 30/9/2008 'Junior Assistant' was the entry level post in the ministerial service cadre in Odisha State Secretariat in terms of the Odisha Secretariat Service (Method of Recruitment and Conditions of Service of Junior Assistants of Departments of Odisha Secretariat) Rules, 1951 (in short, '1951 Rules'). On 30/9/2008, the positions of 'Junior Assistant' and 'Senior Assistant' in Odisha Secretariat Service was merged into one base level cadre and re-designated as Assistant Sec. Officer (ASO). On 6/4/2010, the Odisha Secretariat Service (Method of Recruitment and Conditions of Service of Assistant Sec. Officers) Rules, 2010 (in short, '2010 Rules') came into force repealing the earlier 1951 Rules. Again, the Odisha Secretariat Service (Method of Recruitment and Conditions of Service) Rules, 2016 (in short, '2016 Rules') came into force on 11/1/2017 superseding 2010 Rules.