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Supreme Court of India 2019-05-06 allowed

THE STATE OF ODISHA vs DHIRENDRA SUNDAR DAS

Bench: 2 — Uday Umesh Lalit, Indu Malhotra

In Brief

The State of Odisha invited 559 candidates, including the Respondents, for promotion to Orissa Administrative Service Class II posts in 2008. The recruitment process stalled after their names were recommended but before completion of the mandated statutory steps (Selection Board consideration, OPSC recommendation, final list preparation). In 2009, the State abolished the OAS Class II cadre and restructured it as the Orissa Revenue Service Group B, repealing the applicable rules. The High Court directed the State to fill the 150 vacancies under the repealed 1978 Rules. Held: Mere recommendation does not confer vested rights; the right to promotion accrues only when full statutory procedures are completed under the rules in force at the time of consideration. Since this never occurred before the cadre's abolition, the Respondents cannot claim appointments in an extinct cadre under repealed rules. Appeals allowed."

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