JUDGMENT

B.K. NAYAK, J. - The present opposite party Nos.3 to 13 filed Original Application No.1187 (C) of 2009 before the State Administrative Tribunal, Cuttack Bench, Cuttack under Section 19 of the Administrative Tribunals Act, 1985. Their case in the said Original Application is that they all are members of Orissa Subordinate Finance Service (in short 'OSFS') and presently working as Assistant Commercial Tax Officers, which is otherwise known as Inspector of Commercial Tax and are entitled to be promoted to Orissa Finance Service, Class-II. Recruitment to Orissa Finance Service is governed by the Orissa Finance Service Rules, 1979 (in short 1979 Rules') framed by the Government of Orissa in exercise of power under Article 309 of the Constitution of India. Recruitment to Junior Branch, of Orissa Finance Service, Class-II (in short 'OFS-II') is made from three sources, i.e., 50% by direct recruitment, 30% by way of promotion from the cadre of Orissa Subordinate Finance Service (Commercial Tax Branch), Orissa Subordinate Finance Service (Audit Branch) and Orissa Subordinate Finance Service (Treasury Branch), in the ratio of 5:4:1 and the rest 20% of the posts are to be filled up by