The OPSC recommended names of 714 successful candidates which included 20 in the reserved categories, which were approved by the Home Department on 24.11.1977.
6 On 30.5.2001, a Government Order was passed calling for the Respondents CCRs for companysideration of their further promotion to the rank of S.O. Level II .
Since a substantially inadequate number of candidates in the reserved categories had been recommended by the OPSC, the State Government decided to fill these remaining seats on an ad hoc basis.
Therefore, 403 reserved candidates including the Respondents were appointed in four batches between 15.5.1978 and 30.3.1980.
5 Subsequently, the Government re examined the question of appointment of Junior Assistants and determined the seniority by placing the Respondents and other reserved candidates selected by the Selection Committee below the OPSC selected candidates, in the rank of Junior and Senior Assistants.
Vide order dated 23.11.1996, the Tribunal held that irregularly appointed candidates cannot have seniority over regularly recruited candidates, and directed the Secretary, Home Department to reexamine and determine seniority according to law.
The general category OPSC recruits filed an application seeking to quash this Order.
The names of these candidates had been sponsored by the Employment Exchange and they were found suitable by a duly companystituted Selection Committee which interviewed them.
The Tribunals order dated 21.10.02 was set aside, and the Resolutions dated 25.5.1982 and 4.3.1983 were upheld, albeit with some modifications.
However, they were appointed with the stipulation that their services would be terminated as soon as reserved candidates selected by the OPSC became available.
7 Aggrieved by this order, three groups of regularized Selection Committee appointees filed writ petitions before the High Court.
These proceedings were transferred to the Orissa Administrative Tribunal, which, on 16.8.1989, declared the fixation of inter se seniority and promotions of regularized candidates over OPSC appointed recruits illegal and companytrary to law.
It directed that the Respondents names be removed from the active companymon gradation list and that the OPSC candidates including the Appellants be companysidered instead, if they had companye within the zone of companysideration for promotion.
VIKRAMAJIT SEN, J. 1 The Orissa Public Service Commission OPSC issued an advertisement for a Competitive Examination 1974 1975 for recruitment of approximately 300 persons, of which 16 were reserved for Schedule Castes and 24 for Schedule Tribes.
The Orissa Administrative Tribunal, on 21.10.2002, quashed the Order dated 30.5.2001 insofar as it related to calling for service particulars and CCRs for companysideration for promotion.
