JUDGMENT

11.09.2024 Chakradhari Sharan Singh, CJ.

The present writ petition under Article 226 and 227 of the Constitution of India has been filed for recall of a common judgment and order dated 06.07.2017 passed by a co-ordinate Bench of this Court in W.P.(C) No.13566 of 2015 (Abhaya Kumar Swain Vs. State of Odisha and Others) and batch including Bhimasen Behera v. State of Odisha, reported in 2017 SCC OnLine Ori 418 = (2017) 124 CLT 776. 2. It is the case of the petitioners that though they are adversely affected by the said common judgment dated 06.07.2017, but they were not impleaded as parties in the writ proceeding and were thus not heard, before an order passed by the Odisha Administrative Tribunal (“the Tribunal”, in short) was set aside and further the State Government was directed not to extend promotion to the rank of Assistant Station Officer from the select list prepared on the basis of selection conducted in the year 2007.

3. It is the petitioners’ case that their names figured in the selection list of the year 2007 and they had undergone training course and had successfully completed the training course for the said promotional post. However, in view of the said common judgment dated 06.07.2017, the petitioners are deprived of continuing in promotional post of Assistant Station Officer. The order of this Court having been passed without bare impleadment, adversely affecting their rights, needs to be recalled.

4. The admitted facts, germane for consideration in the present matters, are that the I.G. of Police, Fire Service, Odisha had intimated the Fire Officer, Odisha, Cuttack to prepare a select list for filling up the post of Assistant Station Officer by way of promotion by following Rule 660 of the Police Manual. It is to be noted that there existed no regular service rules governing promotion to the post of Assistant Station Officer, Fire Services and accordingly in principle it was decided to adopt the procedure prescribed under Rule 660 of the Police Manual which lays down the procedure for appointment of Assistant Sub-Inspector of Police. As per the said communication dated 13.08.2007, a pre-promotional selection test (written) (‘PPT’, in short) was to be conducted in two subjects viz., (a) Technical knowledge and (b) English and Odia translation. It further prescribes that minimum qualifying marks would be 50% to be scored in each of the two subjects. Further, the result of PPT shall remain valid for a period of three years or till framing of the cadre Rules by the Government, whichever was earlier. PPT was held and the result of such candidates (310 in number) was published, who had scored 50% marks in each of the subjects. Based on vacancy position, initially 20 candidates were promoted to the post of Assistant Station Officer. Later, certain other promotions were granted in October, 2010 and November, 2010.

5. It appears that a question arose as regards validity of the select list prepared in 2007. The IG of Police, Personnel, Odisha communicated to the IG of Police, Fire Service, Odisha that though nothing was mentioned in the Police Manual as regards the validity of select test of the written test, letter dated 21.04.2001 issued by the Home Department stipulates about validity of Trade Test Board in respect of Technical Service in PMT and Signal Establishments. According to the said letter, the result of the Trade Test Board shall remain valid for a period of three years. It is pertinent to note that in the initial communication itself dated 13.08.2017, it was mentioned specifically that the result of PPT shall remain valid for a period of three years.

6. An original application was filed giving rise to OA No.3307 (C) of 2010 by such candidates whose names had figured in 2007 select list seeking a relief for recommending their names to undergo Assistant Station Officer course of training which was disposed of with a direction to consider the representation. The representation was rejected. Later, some c