Orissa High Court quashes promotion of unreserved category employees in revenue department

The Orissa High Court has quashed the promotion of unreserved category employees from revenue and disaster department to the higher post under reserved category.

The Single Bench of Justice Sashikanta Mishra directed the Keonjhar district administration to convene a fresh departmental promotion committee to carry out promotion on merit, suitability and seniority of all eligible candidates.

Advertisement

This Court finds not only that the petitioners (reserved) were deprived from competing on merit with the other candidates, their inherent seniority in the cadre as per the gradation list was also ignored. Thus, the very principle envisaged in the Rule. Merit-cum-suitability with due regard to seniority was given a completely go-bye.

Had the petitioners been so permitted and found to be less meritorious and unsuitable than the other candidates, denial of promotion would have been justified but not so in the present scenario where they were not even brought into the fray, the Court ruled.

Thus, looked at from any angle, the action of the authorities in not considering the case of the petitioners for promotion and promoting their rank juniors in the cadre amounts to gross violation of the principles of equality enshrined under the Constitution as well as Rule-11 of Orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983

However, it is made clear that no recovery shall be effected from them towards the salary and other financial benefits drawn by them during the interregnum. The authorities are directed to convene a review DPC for promotion to the post of Revenue Inspector, by considering the inter se merit, suitability and seniority of all eligible candidates.

Basing on the outcome of such review DPC, necessary orders of promotion shall be issued. The entire exercise shall be completed within a period of three months from today, Justice Mishra ruled in an order pronounced on yesterday.