Promotion processes under service rules must consider both existing and anticipated vacancies, ensuring all eligible candidates are fairly assessed for their rightful place, while no financial benefits accrue for periods without actual occupancy of the promoted positions.

JUDGMENT :

KRISHNA SHRIPAD DIXIT, J.

1. The State & private parties are invoking the writ jurisdiction of this Court for assailing two orders dated 21.01.2014 & 13.05.2014 entered by the Orissa Administrative Tribunal in O.A. No.383 of 2013 & O.A. No.677 of 2013. By these orders, the following relief has been granted to the answering Opposite Parties, i.e. Bibhu Prasad Mishra & Rasmi Rekha Tripathy, as under:

"In O.A. No.383/2013:

In view of the above, the respondent authorities are directed to convene a review DPC for consideration of the case of the applicant if he comes within the zone of consideration in respect of the remaining 58 vacancies along with other similarly situated persons belonging to Orissa Subordinate Finance Service cadre (ACTO) as per their ratio for their promotion to the cadre of Orissa Taxation & Accounts Service, within a period of two months from the date of communication of this order and if the decision of the DPC goes in favour of the applicant, give him promotion from the date the candidates who were promoted as per the recommendation of the DPC dated 22.12.2012.

However, it need not be said that since the applicant is not working in the promotional post, even though is seniority will be counted along with others who were promoted as per recommendation of the DPC dated 22.12.2012, he shall no the entitled to any financial benefit for that period…"

In O.A. No.677/2013:

In view of the above, the respondent authorities are directed to convene a review DPC for consideration of the case of the applicant if he comes within the zone of consideration in respect of the remaining 58 vacancies along with other similarly situated persons belonging to Orissa Subordinate Finance Service cadre (ACTO) as per their ratio for their promotion to the cadre of Orissa Taxation & Accounts Service, within a period of two months from the date of communication of this order and if the decision of the DPC goes in favour of the applicant, ante date for promotion from the date the candidates who were promoted as per the recommendation of the DPC dated 22.12.2012.

However, it need not be said that since the applicant had worked in the promotional post till her joining in promotion post as per notification dated 07.02.2014, even though her seniority will be counted along with others who were promoted as per recommendation of the DPC dated 22.12.2012, she shall not be entitled to any financial benefit for that period, i.e., the period she had not worked in promotion post.…"

The State & its functionaries were directed to convene a review DPC for consideration of their candidature if they fell within the zone of consideration in respect of the remaining 58 vacancies along with other similarly circumstanced (belonging to Orissa Subordinate Finance Service cadre) as ACTO in terms of their ratio for promotion in Orissa Taxation & Accounts Service. They were also directed contingently to accord retrospective dates of promotion as has been granted to others pursuant to DPC recommendation dated 22.12.2012. This exercise has to be accomplished within two months. However, no financial benefit would be accorded for the retrospective promotion, although they will earn seniority for the said period.

2. FOUNDATIONAL FACT MATRIX OF THESE CASES:

2.1. The Orissa Accounts and Taxation Services Rules, 2011 came to be promulgated by the State Government under the Proviso to Article 309 of the Constitution of India vide notification dated 22.12.2011. Rule 4(b) provides for appointment to the cadre in question in the ratio of 50% by direct recruitment, 30% by promotion on the basis of seniority-cum-merit and 20% by promotion on the basis of selection, i.e., merit-cum-seniority. The next higher cadre is to the Orissa Taxation & Accounts Service. Rule 10(1) provides for the D