IMPORTANT POINT
Promotion – Non-filling of vacancies in promotional post would be prejudicial to interests of administration of any service – Normally, when seniority list is in challenge and a number of vacancies are available in promotional post, promotions would be permitted to be effected subject to result of Writ Petition carrying challenge against seniority list.

JUDGMENT :

C.T. RAVIKUMAR, J.

1. Leave granted.

2. These Appeals are filed against the final judgment and order dated 14.07.2021, passed by the High Court of Orissa at Cuttack in I.A. No. 1000 of 2021 in Writ Appeal (W.A.) No. 612 of 2020. The Appeal arising from SLP(C) No. 14996 of 2021 is filed by the Appellant in W.A. No. 612 of 2020 and he is Respondent No. 7 in the Appeal arising from SLP(C) No. 17933 of 2021 filed by third parties to the stated interlocutory application and also the stated Writ Appeal. As a matter of fact, the Appellants in the Appeal arising from SLP(C) No. 17933 of 2021 are not parties even to Writ Petition No. 24191 of 2020 and the interim order passed in I.A. No. 10848 of 2020 thereon dated 24.09.2020 led to the filing of W.A. No. 612 of 2020. The party Respondents in W.P. (C) No. 24191 of 2020 are Respondent Nos. 5 and 6 in both the Appeals. For the sake of convenience, the parties are referred to hereinafter in this judgment in accordance with their rank and status in the latter Appeal arising from SLP(C) No. 17933 of 2021 as all the parties in the former Appeals are arrayed as Respondents therein, unless otherwise specifically mentioned. All the private parties viz. the petitioners and the party Respondents belong either to the batch of directly recruited Assistant Section Officers (for short ‘ASOs’) under the special recruitment drive for the backlog vacancies for Scheduled Tribes or batch of directly recruited ASOs under the General Quota, in Governor’s Secretariat/State Secretariat in the State of Odisha. The subject matter of the W.P. (C) No. 24191 of 2020 is regarding the fixation of inter se seniority between the said batches of ASOs, (evidently recruited and appointed in the same recruitment years) in the final gradation list of ASOs published vide Notification dated 11.06.2020.

3. In view of the manner in which we intend to dispose of the Appeals it is unnecessary to delve into the facts. Notification for the special recruitment drive was first in point of time and naturally on culmination of the selection process candidates from the rank concerned were appointed earlier in point of time. It is the case that direct recruitment notification for direct recruitment under the General Recruitment Drive and the appointments of candidates from the consequently drawn list were effected subsequently. Pursuant to their appointment, the first Respondent, State of Orissa published a tentative gradation list of seniority in the post of ASOs in the State of Orissa on 12.04.2018. In the said gradation list, the appointees from the General quota were assigned seniority over the special recruitees. Aggrieved by the assignment of seniority in the aforesaid manner in the gradation list dated 12.04.2018 Respondent No. 7 filed representation raising objection. According to her, similarly situated persons have also filed such representations. Disregarding their contentions and objections the final seniority list in the said grade of ASOs was drawn and published and this led to the filing of the afore-stated Writ Petition.

4. When the Writ Petition came up for admission, a learned Single Judge of the High Court passed an order on 24.09.2020 in I.A. No. 10848 of 2020 on the following lines:

“As an interim measure it is directed that, any promotion pursuant to the Gradation List vide Annexure-13 shall be subject to the result of the writ petition.”

5. It is assailing the said interlocutory order dated 24.09.2020 that Writ Appeal No. 612 of 2020 was filed. The Division Bench passed an interim order in I.A. No. 1694 of 2020 on 25.01.2021 on the following lines:

“Heard learned counsel for the parties. As an interim measure, this Court directs that there shall be no promotion shall be given to anybody without the leave of this Court. The I.A. is accordingly disposed of.”

6. Later, the said Writ Appeal itself was disposed of on 24.02.2021. Taking note of the pendency of the Writ Petition, the Division Bench ordered that it wo