There is no vested right to promotion to selection posts. Vacancies are not required to be filled under repealed rules; instead, candidates are entitled to consideration only under the rules in force at the time of actual consideration. Previous mandates requiring adherence to old rules are overruled.

JUDGMENT

DIPANKAR DATTA, J.

THE APPEALS

1. These two appeals, by special leave, at the instance of the common appellant — State of Odisha¹ [State] — are directed against the common judgment and order dated 7th November, 2025² [impugned order] passed by a Division Bench of the High Court of Orissa³ [High Court], dismissing two intra-court appeals⁴ [W.A. No.658 of 2023 and W.A. No.744 of 2023] that the State had carried from final orders dated 24th February, 2023 and 28th February, 2023 of a Single Judge allowing the writ petitions⁵ [W.P.(C) No.35645 of 2021 and W.P.(C) No.41042 of 2021] of the two respondents before this Court, viz. Sreepati Ranjan Dash⁶ [Dash] and Aditya Bhanjan Sahoo⁷[Sahoo], finding no infirmity therein.

FACTUAL MATRIX

2. The basic facts giving rise to the impugned orders, though uncontested, have a history of their own. To the extent germane for disposal of the present appeals, the same are adverted to briefly hereafter.

a. On 17th November 1981, the Commerce & Transport (Transport) Department, Government of Odisha issued an executive instruction (bearing No.17315) ⁸[Executive Instructions] for recruitment to/filling up 4 posts of Assistant Regional Transport Officer for Sambalpur, Koraput, Sundargarh and Mayurbhanj regions. The post, which was a gazetted post, had been created for collection and assessment of Motor Vehicle Tax and Passenger Tax. This instruction was to the Transport Commissioner, Orissa, and declaring him as the authority competent to make appointments on such post. For promotion to the post of Assistant Regional Transport Officer, a Grade I Assistant (Senior Assistant) with 5 years’ service as such (Grade I Assistant) was eligible. Promotion was to be based on merit and suitability. Pending finalisation of the recruitment rules, selection was to be made on the basis of the above principles. These instructions held the field with modifications effected on 23rd August, 1991 and 04th July, 1995.

b. In the absence of any rule, the posts of Assistant Regional Transport Officer were being filled by selection from different cadres under the administrative control of the Transport Department in terms of the Executive Instructions. On 16th March, 2013, both Dash and Sahoo were appointed as Junior Assistant. Dash and Sahoo joined duty on 18th March, 2013. On 10th June, 2016, both of them were promoted to the post of Senior Assistant, whereupon they joined on 13th June, 2016.

c. In April, 2017, all border check gates were abolished for free passage of inter-State movement of vehicles on the advice of the Central Government. This required adjustment of the posts of Assistant Regional Transport Officer in the different Regional Transport Offices. On 17th October, 2017, vide a Resolution issued by the Commerce & Transport (Transport) Department, Government of Odisha, the officers – Assistant Regional Transport Officer, Additional Regional Transport Officers (General) and Regional Transport Officers (General) – whose services till now had been governed by Executive Instructions were now made a part of the Odisha Transport Service. The Odisha Transport Service cadre now consisted of Assistant Regional Transport Officer, Additional Regional Transport Officer (General) and Regional Transport Officer (General). The post of Assistant Regional Transport Officer was restructured from Group C to Group B w.e.f. 17th October, 2017