Orissa Service of Engineers Rules, 1941
(a) These rules may be called the Orissa Service of Engineers' Rules, 1941.
(b) They shall come into force on the 1st day of January, 1942.
The Orissa Service of Engineers is constituted for the purpose of replacing the present Orissa Engineering Service immediately and the Indian Service of Engineers gradually as vacancies arise in the cadre of that service.
In these rules unless there is anything repugnant to the subject or context-
(a) "Service" means the Orissa Service of Engineers;
2[(b) "Promoted Officer" means an Officer promoted to the service from among the Junior Engineers;]
(c) "Commission" means the Orissa Public Service Commission;
(d) "Government" means the Government of Orissa;
(e) "Scheduled Castes" and "Scheduled Tribes" mean such Castes and such Tribes as are or may be so specified by the President under Articles 341 and 342 of the Constitution of India respectively;
(f) "Year" means a calendar year;
3[(g) "Engineer-in-Chief" means the Engineer-in-Chief
From the date on which the Orissa Service of Engineers' (Amendment) Rules, 1989 came into force the existing Orissa Engineering Service shall cease to exist and the new service shall include all posts in the existing service and the posts in the State borne in the cadre of the Orissa Engineering Service consisting of the following categories of Class II and Class I posts and such other categories of posts as may be decided by the Government. The number of such posts both permanent and temporary and their pay scales shall be as may be decided by the Government from time to time.
Class I posts
(a) Assistant Executive Engineer (Junior Class I)
(b) Executive Engineer
(c) Superintending Engineer, Level-II
(1) First appointment to the Service shall ordinarily be made to the rank of Assistant Engineer.
(2) Appointment to the rank of Chief Engineer, Superintending Engineer Level-I, Superintending Engineer Level-II, Executive Engineer, Assistant Executive Engineer (Junior Class I) shall be made by the Government, in consultation with the Commissioner by promotion from the rank of Superintending Engineer Level-I, Superintending Engineer Level-II, Executive Engineer, Assistant Executive Engineer (Junior Class I) and Assistant Engineer respectively.
(3) The promotion shall be made by selection on the basis of merit and suitability of the Officer in all respects with due regard to seniority :
Provided that any junior officer who in the opinion of the Departmental Promotion Committee is of exceptiona
Recruitment to the rank of Assistant Engineers shall be made partly by direct recruitment in accordance with Rules 8 to 15 and partly by promotion from the 1[cadre of Junior Engineers] in accordance with Rules 16 to 18.
The vacancies to be filled up by promotion of Junior Engineers shall be so fixed that the promoted Junior Engineers do not exceed 3[thirty-three] per cent of the total strength of permanent and temporary Assistant Engineers including the leave and training reserve at the time of each promotion. The remaining vacancies shall be filled up by direct recruitment.
Except under the special orders of the 4[Government] no person shall be appointed to the service unless he is-
(a) an Oriya, or
(b) a British subject being the son of parents permanently domiciled in Orissa, or
(c) an Anglo-Indian British subject born in the Province, provided that neither he nor his parents are permanently domiciled in any other Province, or
(d) a subject of an Indian State who is eligible for appointment to the service by virtue of a declaration made under Sub-section (2) of Section 262 of the Government of India Act, 1935.
------------------------------------------------------------------------------------------------------
4. Substituted vide Orissa Gazette Ext. No. 1901/8.12.1974.
A candidate for direct recruitment to the service must-1[(a) not ordinarily be over 28 years of age and under 21 years of age on the first day of August of the year in which applications are invited :
Provided that the maximum age-limit may be relaxed in respect of the candidates belonging to the Scheduled Castes and Scheduled Tribes candidates with approved military service and such other categories, to such extent as the Government may by special order specify from time to time :]
2[Provided further that the maximum age-limit may be fully relaxed in respect of candidates who have entered State Government service as Junior Engineers within the prescribed age-limit be without the qualification prescribed under Clause (d) of Rule 9 and have subsequently acquired the same while serving as such.]
&nb
The Commission shall announce in such manner, as they think fit the number of vacancies to be filled by direct appointment and shall invite applications from candidates eligible for appointment to the service :
Provided that if there are suitable temporary Assistant Engineers in service who, not more than one year ago, had been nominated by the Commission for appointment as direct recruits, they may be appointed by the State Government.
(a) Every candidate shall submit his application in his own handwriting in the prescribed form to the Secretary of the Commission, so as to reach him not later than such date as may be notified by the Commission in this behalf.
(b) The application shall be accompanied by a treasury challan of Rs. 5 application fees, which will in no circumstances be refunded. The fee should be credited to the Government of Orissa under the head ''XXXVI-Miscellaneous Departments-Miscellaneous Examination Fees-Public Service Commission". When the fee has been paid on a first application, no fee will be payable on a subsequent application for the service.
(c) With his application a candidate must submit-
(i) evidence that he holds one of the educational qualifications referred to in Clause (d) of Rule 9;
&n
The Commission shall consider all applications received and shall interview such candidates as they consider likely to be suitable for appointment ; provided that the Provincial Government may, if they think fit, appoint an officer to represent the department at the interview by the Commission. The officer so appointed shall advise the Commission on the fitness of the candidates with reference to the special qualities required in the service, but he will not be responsible for the selection of the candidates.
The Commission shall prepare a list of selected candidates, arranged in order of preference, the number of whom shall, unless the 1[Government] otherwise directs, ordinarily be 1 1/3, times the number of vacancies to be filled by direct recruitment. The list will be submitted by the Commission, together with their recommendations, to the 1[Government] by such date as the 1[Government] may direct.
___________________________________________________________________________________________________________
1. Substituted vide Orissa Gazette Ext.No.1901/8.12.1974.
(a) The 1[Government] may require the Commission to report the names of the best candidates belonging to any particular class or community irrespective of the number of candidates fixed under Rule 13.
(b) In submitting a report in accordance with Clause (i) of this rule, the Commission shall state in the case of each candidate, who has not been selected by them under Rule 13-
(i) whether the candidate is in their opinion fit for appointment to the service ; and
(ii) to what extent he is inferior to the candidates selected under Rule 13.
___________________________________________________________________________________________________________
1. Substituted vide Orissa Gazette Ext.No.1901/8.12.1974.
<
(1) Such percentage of vacancies in any year as may be determined by the Government from time to time by any general or special order shall be reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes subject to the condition that such candidates satisfy the minimum standard of suitability fixed by the Commission for appointment to the service.
Explanation - The method of filling up the reserved vacancies shall be as may be determined by the Government from time to time.
(2) In filling up the vacancies so reserved, candidates who are members of the Scheduled Castes or Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list referred to in Rule 13 irrespective of their relative ranks as compared with other candidates.
(3)
(a) The final selection of candidates shall be made by the 2[Government] from amongst those who have been included in the list submitted by the Commission under Rule 13, or in respect of whom a report has been submitted in accordance with Rule 14.
(b) Every candidate so selected shall be examined by a Medical Board. A candidate who fails to satisfy the Medical Board shall not be appointed.
___________________________________________________________________________________________________________
2. Substituted vide Orissa Gazette Ext.No. 1901/8.12.1974.
(a) The Engineer-in-Chief or Chief Engineer of the concerned Department, as the case may be, shall recommend officers from the cadre of Junior Engineers for appointment to the service in the vacancies to be filled up by promotion in the particular year.
The basis of recommendation by the Engineer-in-Chief or Chief Engineer, as the case may be, shall be merit-cum-suitability of the officer with due regard to seniority :
Provided that Junior Engineers who are not diploma-holders in Engineering or Junior Engineers who are diploma holders in Engineering but have not completed at least 10 years of service of the first day of August of the year during which the vacancy arises shall not be considered for promotion :
Provided further that no person who has not passed the Departmental Examination as
Notwithstanding anything contained in the foregoing rules, the reservation of vacancies set apart for being filled up by promotion in favour of officers belonging to Scheduled Castes and Scheduled Tribes and the method of filling up the reserved vacancies shall be as may be determined by the Government from time to time.
The final selection of officers to be promoted shall be made by the 1[Government] after considering the recommendations made by the Commission under 2[Rule 16.]
_____________________________________________________________________________________________________________________
1. Substituted vide Orissa Gazette Ext.No. 1901/8.12.1974.
2. Substituted vide Orissa Gazette Ext. No. 443/17.3.1989-SRO No. 226/89/8.3.1989.
Persons appointed by direct recruitment shall be on probation for two years and those appointed by promotion shall undergo a period of probation for one year ; provided that the Government may extend the period of probation in any particular case. At any time during the probationary period, the Government may dispense with the services of an officer appointed by direct recruitment, after giving him a month's notice and may revert a promoted officer to his substantive appointment; in neither case will the officer be entitled to any compensation.
A probationer shall be confirmed in his appointment when-
(i) he has completed the prescribed period of probation;
(ii) he has passed the prescribed departmental examinations; and
(iii) the Government is satisfied that he is fit for confirmation.
Every member of the service shall be liable to pass the prescribed professional examination within 3 years of the date of appointment. An officer failing to pass the examination within the said period, shall be liable to have his increment withheld.
3[* * *]
_____________________________________________________________________________________________________________________
3. Deleted vide Orissa Gazette Ext. No. 443/17.3.1989-SRO No. 226/89/8.3.1989.
(1) When officers are recruited by promotion and by direct recruitment during the same year, the promoted officers shall be considered senior to the officers directly recruited irrespective of their dates of joining.
(2) Subject to provisions of Sub-rule (1), the inter se seniority of officers shall be determined in accordance with the order in which their names appear in the list prepared by the Commission and approved by the Government.
The Orissa Service of Engineers Rules, 1941, govern the recruitment, promotion, seniority, and service conditions of engineers in the State of Odisha. Section R.22 pertains specifically to the fixation of inter se seniority among officers, especially between direct recruits and promotees, which is a critical aspect of service jurisprudence. The legal interpretation of these rules has evolved through judicial pronouncements, legislative amendments, and legislative validations, notably impacting the seniority and promotion rights of engineers.
Section R.22 of the Rules primarily deals with the determination of inter se seniority among officers in the service, especially between those recruited through promotion and direct recruitment. It provides the criteria and the basis for fixing seniority, which is often linked to the date of appointment, promotion, or other relevant service milestones, subject to specific rules and amendments.
The section applies to all officers governed by the Rules, especially in contexts of:- Fixation of seniority among direct recruits and promotees.- Determination of seniority in cases of ad hoc, temporary, or irregular appointments.- Cases involving amendments to the Rules which alter the basis of seniority.- Disputes relating to seniority for promotion, transfer, or service benefits.
The Rules do not specify any punitive measures directly linked to violations of Section R.22. However, misinterpretation or contravention of the rules can lead to:- Seniority disputes.- Promotions or postings being challenged in courts.- Reversal or correction of seniority lists by authorities or courts.- Administrative penalties if misconduct or irregularities are involved in appointments or seniority fixation.
Seniority fixation - The fixation of seniority is primarily governed by Rule 26 and related provisions, which have been subject to amendments and judicial interpretation. The courts have emphasized that seniority is to be determined based on the date of substantive appointment or promotion, considering the nature of appointment and compliance with rules. [Jagdish Ch. Patnaik v. State of Orissa, AIR 1998 SC 1926]
Effect of amendments - The amendments to Rule 26 in 1967 and 1974 introduced the principle that officers promoted during the same year shall be considered senior to those directly recruited, irrespective of actual date of joining. The 1967 amendment, in particular, is held to be retrospective and binding unless explicitly stated otherwise. [Baleshwar Dass v. State of Punjab, AIR 1981 SC 41]
Judicial interpretation - The Supreme Court has clarified that the expression ‘recruited’ in the rules means the issuance of a formal appointment order, not mere initiation of recruitment process. The date of appointment, not the process, determines seniority. [Jagdish Ch. Patnaik, AIR 1998 SC 1926]
Disqualification of ad hoc appointments - Courts have consistently held that ad hoc or temporary appointments made dehors the rules do not confer seniority from the date of appointment unless regularized or validated by law. Such appointments are not members of the service and do not affect seniority. [G. P. Doval v. Union of India, AIR 1984 SC 1595]
Role of judicial review - Courts have held that seniority lists prepared in violation of rules, or based on irregular appointments, can be struck down or corrected, but courts do not substitute their discretion for that of the administrative authorities unless there is arbitrariness or illegality. [Jagdish Ch. Patnaik, AIR 1998 SC 1926]
Legislative validation - Acts like the Validation Act, 2002, can retrospectively validate irregular or ad hoc appointments and fix seniority accordingly. These laws are within the legislative competence and do not infringe judicial powers, provided they are enacted within constitutional limits. [Amarendra Kumar Mohapatra v. State of Odisha, AIR 2014 SC 583]
Discrimination and equality - The courts have struck down laws or executive decisions that create discrimination among similarly situated employees, especially in the context of regularization or seniority fixation. Equal treatment is mandated under Articles 14 and 16 of the Constitution. [Amarendra Kumar Mohapatra, AIR 2014 SC 583]
Senior officers and promotions - Seniority is a key factor in promotion and postings. Fixation based on the date of appointment or regularization ensures fairness and merit. Deviations or irregularities can lead to promotions being challenged or reversed. [R.C. Patnaik, J., in Writ Petition Nos. 6037/1996 & 12000/1998]
Impact of judicial pronouncements - The Supreme Court has clarified that the principles of seniority are to be derived from the rules and the law in force at the relevant time, and judicial decisions must be read harmoniously with the rules. Judicial decisions cannot override statutory rules unless explicitly provided. [Jagadish Ch. Patnaik, AIR 1998 SC 1926]
Legal consequences of irregular appointments - Appointments made dehors the rules, without adherence to prescribed procedures, are irregular and do not confer seniority from the date of appointment. Regularization or validation laws are necessary to confer such benefits retroactively. [Amarendra Kumar Mohapatra, AIR 2014 SC 583]
Seniorities fixed by executive orders - Executive orders or resolutions cannot supersede the statutory rules unless they are validated or amended lawfully. Such executive actions are subject to judicial review for legality and fairness. [G. P. Doval, AIR 1984 SC 1595]
Disputes and corrections - Seniority disputes are to be resolved based on the rules, appointments, and orders. Courts have the power to correct seniority lists to remove arbitrariness or illegalities, but cannot substitute their judgment for that of the authorities unless there is manifest illegality. [Jagdish Ch. Patnaik, AIR 1998 SC 1926]
Role of the legislature - The legislature can enact laws like the Validation Act to validate appointments and fix seniority retrospectively, provided the law is within constitutional competence and does not violate fundamental rights. Such laws are binding and override inconsistent executive or administrative orders. [Amarendra Kumar Mohapatra, AIR 2014 SC 583]
Disqualification of irregular appointments - Appointments that are irregular and not validated do not confer seniority or service benefits, and courts have invalidated such appointments where procedural rules were violated. [G. P. Doval, AIR 1984 SC 1595]
Legal principle of ‘date of appointment’ - The consistent legal principle is that the date of appointment, as per formal orders, determines seniority, not the date of process or initiation of recruitment. This principle is reinforced in multiple judgments. [Jagadish Ch. Patnaik, AIR 1998 SC 1926]
Seniority and promotion rules - The rules governing promotion and seniority are to be interpreted harmoniously, considering amendments, judicial precedents, and legislative validations. Any deviation must be legally justified. [Amarendra Kumar Mohapatra, AIR 2014 SC 583]
Legal consequences of breach of rules - Breach of recruitment or seniority fixation rules can lead to invalidation of appointments, seniority lists, and promotions, unless regularized or validated by law. [G. P. Doval, AIR 1984 SC 1595]
Judicial restraint and deference - Courts exercise restraint and respect the expertise of administrative authorities in matters of seniority, intervening only when there is arbitrariness or illegality. [Jagdish Ch. Patnaik, AIR 1998 SC 1926]
The interpretation of Section R.22 of the Orissa Service of Engineers Rules, 1941, has been shaped significantly by judicial pronouncements and legislative interventions. The core principles emphasize that seniority is to be determined by formal appointment or promotion orders, considering amendments and validations. Irregular or ad hoc appointments require validation or regularization to affect seniority, and any violation of rules can lead to seniority disputes and their judicial resolution. The courts have consistently upheld the importance of adherence to statutory rules, with validations serving as a legal tool to regularize past irregularities, ensuring fairness and merit-based promotion in the service hierarchy.
Note: All references are based on the provided sources, primarily judgments, amendments, and legislative validations relating to the Rules and their judicial interpretations.
Where the Government are of opinion that it is necessary or expedient so to do in the interest of public service they may, by order and for reasons to be recorded in writing, relax any of the provisions of these rules in respect of any class or category of persons.
APPENDIX I
List of Engineering degrees from Universities of the United Kingdom and examinations which will be accepted by the Government of Orissa as qualifying for appointment to the Orissa Service of Engineers
(1) Engineering Degrees-
Oxford B. A. with Honours in the Engineering Science Final Honours School.
Cambridge B. A. with Honours in Mechanical Science Tripos.
St. Andrews B.Sc. in Engineering.
Glasgow B.Sc. in Engineering.
Edinburgh B.Sc. in Engineering.
Dublin B. A. I. (ordinary or with Honours in Engineering).
Durha
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
