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Supreme Court of India 2019-05-06

State of Orissa & Anr vs Dhirendra Sundar Das & Ors

Bench: 2 — Indu Malhotra

In Brief

A state initiated a recruitment process in 2008 for 150 vacant OAS Class II posts, inviting departmental recommendations. However, the recruitment was stalled and later the state abolished the OAS Class II cadre in 2009, creating a new Orissa Revenue Service Group B cadre with new recruitment rules. Recommended candidates filed appeals seeking completion of the 2008 process under the old rules. The Supreme Court held that merely being recommended did not create a vested right to promotion; a complete recruitment process with committee evaluation and final selection list was required. Since no such complete process occurred before cadre abolition, candidates could not claim appointments in an extinct cadre under repealed rules. The Court set aside the High Court's direction to fill the old vacancies.

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Service Law Recruitment and Promotion Administrative Law Vested Rights Cadre Restructuring Civil Service Conditions

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