Procedural lapses in promotion processes to the IAS, including failure to resolve provisional inclusions, require judicial review to ensure fairness and compliance with established regulations.

Judgment :

Chittaranjan Dash, J.

1. The subject matter in issue challenged in both the above referred writ petitions being similar and heard analogously on the consent of the parties are disposed of by this common judgment.

2. Mr. Mathews, represents the Petitioners in both the writ Petitions. For brevity, while the Petitioner in W.P.(C) No. 16302 of 2022 hereinafter is referred to as “Petitioner No. 1”, the Petitioner in WP(C) No. 16303 of 2022 is referred to as “Petitioner No. 2”. Mr. P. Behera, CGC, representing the Union of India (O.P. No.1), Md. Ziaul Haque representing UPSC (O.P. No.2), and Mr. Rabi Narayan Mishra, AGA representing the State of Odisha (O.P. No.3).

3. Heard the learned counsels for the respective parties.

4. By means of this Writ Petition, Petitioner No. 1 and Petitioner No. 2 sought a direction to hold a Review Selection Committee meeting to consider their cases for inclusion in the Select List of State Civil Service (SCS) officers of Odisha towards filling up promotion quota vacancies in Odisha cadre of IAS under SCS category determined by the Government of India under Regulation 5(1) of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955, in consultation with the State Government for the Select List of 2019. Consequent upon the inclusion of their names in the Select List, they further sought an order directing the Opposite Parties to promote them to the Indian Administrative Service (IAS) against the vacancy year 2019, with effect from the date of promotion of the other 19 SCS officers, along with all service benefits. However, it is pertinent to note the present status of the Petitioners, wherein, Petitioner No. 1 has already been promoted as IAS and Petitioner No. 2 has retired from the service. Given the current positions of the Petitioners as above, the relief sought by them may require consideration based on their individual circumstances which may include retrospective benefits or any other suitable orders as deemed fit by this Court.

5. The background facts of the case are that both Petitioner Nos. 1 and 2 are distinguished State Civil Service (SCS) officers from the State of Odisha, having consistently demonstrated exemplary service throughout their careers. Both the Petitioners were selected in a regular process of selection and appointed in the cadre of Odisha Administrative Service (State Civil Service) and joined as such. Petitioner No. 1 joined on 30.05.1990, whereas Petitioner No. 2 joined on 12.06.1990. Their respective service records are marked by a series of promotions to higher ranks within the OAS.

Petitioner No. 1 was promoted to O.A.S-I, O.A.S-I(SB), O.A.S (Supertime Scale), O.A.S. (Superior Administrative Grade), and the latest promotion, as on date of filing the O.A. 308/2021 (before CAT, Cuttack), with effect from 18.06.2021, was to the position of O.A.S. (Special Secretary Grade). Petitioner No. 2 on another hand, promoted to O.A.S-I, O.A.S-I(SB), O.A.S (Supertime Scale), O.A.S. (Superior Administrative Grade), and the latest promotion, as on the date of filing the O.A. 309/2021 (before CAT, Cuttack), with effect from 01.06.2021, was to the position of O.A.S. (Special Secretary Grade).

By virtue of their outstanding service records, both Petitioners became eligible for promotion to the Indian Administrative Service (IAS) for the recruitment year 2019. In a Selection Committee meeting held on 17.