CUTTACK: The Orissa High Court has stayed the operation of a revised seniority list of Odisha Administrative Service (OAS) Group-A (Junior Branch) officers, observing that direct recruits who entered service in 2016 after a recruitment process initiated in 2011 had made out a prima facie case for interim protection in their challenge to being placed below promotee officers.
A division bench comprising Chief Justice Harish Tandon and Justice MS Raman passed the interim order on July 1 while hearing a batch of writ appeals filed by direct recruits against a May 5 judgment of a single judge.
The single judge had declined to interfere with the state government’s November 15, 2021 decision revising the gradation list by placing promotees, who joined OAS Group-A (JB) in 2015, above direct recruits appointed in 2016, holding that the date of appointment was the determining factor for seniority.
The Odisha Civil Services Examination was advertised on November 17, 2011. Although the appellants participated in that recruitment, litigation delayed completion of the selection process and they were appointed only in 2016. Meanwhile, vacancies of subsequent years were filled through promotion and those officers joined the cadre in 2015.
The bench noted that an earlier draft gradation list had ranked the direct recruits above the promotees by treating them as belonging to the 2011 recruitment year.
However, the final list was revised after objections, placing the promotees higher in the seniority list.
Identifying the central issue, the bench said the appeals required interpretation of the expression “recruitment year” and determination of when an officer can be said to have been “born in the cadre”.
It further noted that where the recruitment process had been delayed for reasons beyond the control of direct recruits, the question was whether they should be treated as belonging to the 2011 recruitment year or only from the date of their actual appointment in 2016.
Holding that the appellants had established a prima facie case, the bench said, “We... restrain the authorities not to give effect to or further effect to the gradation list finalised and/or published in terms of the impugned order.”
It also clarified that any action already taken would remain subject to the final outcome of the appeals. The matter has been posted for further hearing on August 17.
