Biraja Prasanna Satapathy, J.

1. Since the issue involved in the present batch of writ petitions is identical and the preliminary issue is with regard to fixation of seniority in between the appointees to the rank of OAS Gr-A (JB) vide notification dt.04.03.2016 by way of direct recruitment and the promotees vide notification dt.17.10.2015, all the maters were heard analogously and disposed of by the present common judgment.

However, for the sake of brevity W.P.(C) No. 36490 of 2021 is taken as the leading case for the purpose of dealing with the pleadings and the annexures.

2. While W.P.(C) Nos. 36490 & 36470 of 2021 have been filed challenging office order dtd.15.11.2021 so passed by Opp. Party No. 1 under Annexure-9 and with a further prayer to direct the Opp. Parties to upheld the final gradation list of OAS Group-A (JB) published on 08.03.2019 under Annexure-7, with regard to fixation of inter se seniority between the direct recruitees and the promotee officers, W.P.(C) No. 9137 of 2022 has been filed with a prayer to finalize the gradation list of OAS Group-A (JB) so published on 22.12.2021 in terms of order dtd.15.11.2021 taking into account the view of the Law Department.

Similarly, W.P.(C) No. 25137 of 2022 has been filed inter alia challenging order dtd.21.09.2022, wherein Govt. called for the status of the vigilance proceeding/criminal proceeding pending against the Officers continuing in the rank of OAS Group-A (JB) for their promotion to the rank of OAS Group-A (SB).

W.P.(C) No. 3113 of 2026 was lastly filed with a prayer to strike down Para 6 & 7 of G.A. Department Resolution dtd.09.09.2021.

3. Learned counsel appearing for the Petitioners contended that Odisha Public Service Commission (in short Commission) issued an advertisement vide Advertisement No. 05/2011-12 on 17.11.2011, for conducting the recruitment of OCS Examination-2011 under Annexure-1. Subsequently, while issuing a corrigendum on 16.12.2011, the vacancy position was enhanced.

3.1. It is contended that challenging the advertisement so published by the Commission on 17.11.2011, a writ petition was filed in W.P.(C) No. 18471 of 2012 and with a prayer to allow the Petitioners therein to take part in the recruitment examination, as there is no recruitment held from the year 2007 to 2010. The writ petition was allowed by this Court vide order dtd.30.08.2013 and accordingly, OPSC issued the 2nd corrigendum on 10.10.2013 by allowing the candidates those who are eligible for their recruitment as against the recruitment year 2007 to 2010 to participate in the selection process.

3.2. It is contended that while the matter stood thus, Private Opp. Parties were given the benefit of ad hoc promotion from the rank of ORS Group-B to the rank of OAS Group-A (JB), against the recruitment year 2015 vide notification dtd.17.10.2015 under Annexure-3. Similarly, on completion of the recruitment process so initiated vide Advertisement dtd.17.11.2011, Petitioners were appointed as against the post of OAS Group-A (JB), vide notification dtd.04.03.2016 under Annexure-2 series. The promotees who were appointed on promotion on ad hoc basis vide notification dtd.17.10.2015, were appointed on regular basis after concurrence of the OPSC vide notification dtd.25.04.2017 under Annexure-4.

3.3. It is contended that by the time Petitioners were appointed as direct recruitees, basing on the advertisement dtd.17.11.2011 as against the recruitment year 2011 vide notification dt.04.03.2016 and the Private Opp. Parties got the benefit of promotion to the rank of OAS Group-A (JB) as against the recruitment year 2015 vide notification dtd.17.10.2015, the State Govt. vide notification dtd.25.06.2011 under Annexure-5, had already notified the Odisha Administrative Service (Method of Recruitment & Conditions of Service) Rules, 2011 (in short 2011 Rules). As provided under the aforesaid 2011 Rules, more particularly under Rule 4, 50% of the posts in the OAS Group-A (JB) was required to be fill