Some of the mergerists who were initially in the O.S.A.S. III and came on integration to O.A.S. II challenged the applicability of manner of fixing the year of allotment before the Orissa High Court.
Appellant No.
Apparently these direct recruits were treated senior to the writ petitioners, but subsequently by a Government Order had been declared as junior to the writ petitioners.
The petitioners who were Sub Deputy Collectors, were integrated to O.A.S. II by virtue of the Government Resolution dated 21 12 1973 and number in accordance with the procedure prescribed in the Recruitment Rules of 1959.
750 of 1987 the two appellants as mergerists entered into the cadre of O.A.S. II on 21 12 1973.
So, they have been placed below the direct recruits of the years 1970 and 1971.
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.
After leave to appeal was granted by this Court, the State of Orissa passed the Orissa Administrative Service Class II Appointment of Officers Validation Act, 1986 with effect from June 2, 1987 validating certain appointments and determination of seniority.
Though at a later stage they again wanted to join as parties in the Full Bench case before the High Court, the High Court thought it unnecessary to companysider their case in that writ petition in view of the position indicated by it.
The application of the principle of the year of allotment cannot be limited by any logic to the years 1970 and 1971 on the fortuitous circumstance of the challenge to seniority of the direct recruits who were assigned 1972 as the year of allotment was given up by the writ petitioners before the Orissa High Court, one of whom, namely, Bishnu Prasad Mishra is again the writ petitioner in Civil Writ Petition No.
2, Bishnu Prasad Mishra was one of the writ petitioners before the Full Bench of Orissa High Court in Ananta Kumar Boses case supra .
Special Leave Petition Civil No.
The members of O.A.S. II were known as Deputy Collectors and those of O.S.A.S. III as Sub Deputy CollectOrs.
One is a Civil Appeal and the remaining three are writ petitions.
1044 of 1987 and second appellant in Civil Appeal No.
The principle of fixing the year of allotment has been companytinuously and traditionally followed.
Based upon the companycept 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.
The direct recruits who had been assigned 1972 as their year of allotment, were originally made opposite parties numbers 81 90 in the Writ Petition before the High Court, but their names were got deleted by the writ petitioners.
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 a junior branch was companystituted.
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. III .
A direct recruit of the year 1973, Pramod Chandra Patnaik has filed Writ Petition No.
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 companytemplated to be companypleted in a phased manner in a period of about ten years.
The Government of Orissa in the Political and Service Department passed a Resolution dated 7 1 1972 for giving effect to the recommendation.
Recruitment to O.A.S. II was regulated by a set of ra.es 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.
Applying the principle of year of allotment opposite party Nos.
In the Civil list of earlier years at least from the year 1965 were placed before us it was found that both in respect of promotees and direct recruits the date of appointment and year of allotment are separately mentioned.
2565 of 1984 filed against the aforesaid decision of the Orissa High Court was dismissed by this Court in limine on 2 4 1984 and a Review Petition against that was also dismissed on July 19, 1984.
This time the challenge was made by the appellants number only to the seniority of respondents 4 13 herein who were once respondents 81 90 before the Full Bench of the Orissa High Court though deleted later on two grounds, namely, that there was numberinvitation for filling up any post in the O.A.S. II in the advertisement issued by the State Public Service Commission and yet respondents 4 13 had been given service on different dates in the year 1975, and secondly those respondents had been assigned 1972 as the year of allotment without authority of law even though they had actually joined service on different dates in the year 1975.
Hence issue of formal appointment letters was number necessary.
Madan Mohan Punchhi, J. These four matters have companyverged in this Court requiring settlement of a serious dispute of seniority in the Orissa Administrative Services.
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 a 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 companypleted in a phased manner.
Section 3 thereof reads as under 3.
19 to 29, who were appointed to service under Rule 4 a of the Recruitment Rules of 1959 on the basis of the results of the companybined companypetitive examination of 1970, have been treated as the direct recruits of 1970.
They too filed writ petition numbered as O.J.C. No.
Later, on and from 21 12 1973, the two branches were abolished and a new cadre of O.A.S. II was companystituted 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.
In Civil Appeal No.
The recommendation was received after the passing of the integration resolution.
1366 of 1983 before the High Court challenging the Resolution of the Government making them juniors but since the Government vide a subsequent Resolution of August 19, 1983 restored them their seniority, the writ petition was number pressed by them.
