Cuttack:The Orissa High Court has once again modified an interim order in a pivotal case concerning the promotion of senior and eligible reserved category candidates to unreserved government posts.
This latest development has created a possibility for certain engineers in the Works Department to finally receive promotions to the rank of Assistant Executive Engineer, but also raises significant questions about equality and established legal principles.
The core of the dispute revolves around the long-standing legal position, affirmed by both the Supreme Court and the Orissa High Court, that unreserved posts are open to all categories—reserved and unreserved—based on merit, efficiency, and seniority.
This principle implies that a reserved category candidate, if they are more meritorious and senior, should not be excluded from an unreserved post simply due to their social category. This legal framework has guided promotion policies for both Central and State Government employees for decades.
Despite these clear guidelines, confusion within the Department of Works led to a stalemate, preventing the filling of approximately 300 Assistant Executive Engineer positions through promotion. A Departmental Promotion Committee (DPC) had initially made a decision that was deemed “erroneous” by representatives of the Scheduled Castes and Tribes Department, leading to its cancellation.
A new DPC, convened last March, reportedly followed established policies, legal provisions, and the advice of the Law Department. This committee selected candidates from all categories for unreserved posts based on qualification, ability, and seniority, while also filling reserved seats with candidates from the respective categories. This process was largely seen as aligning with the prevailing legal understanding.
However, the new DPC’s recommendations were challenged in the High Court by some engineers who had initially secured jobs under Backward Classes and Women’s quotas. In response, the Orissa High Court issued an interim order last March, mandating that no promotions could be granted based on DPC recommendations without the court’s explicit permission.
Subsequently, the High Court partially modified this order, allowing senior candidates retiring by June 30, 2025, to be promoted in their own stream based on DPC recommendations. This provided relief to a few individuals.
In the most recent turn, a Bench of Justice Aditya Kumar Mahapatra further altered the interim order. The latest directive now permits only “engineers from the non-reserved category who are going to retire within 3 months” to be promoted to the Assistant Executive Engineer post based on DPC recommendations.
Crucially, the court’s latest order remains silent on the fate of qualified and senior engineers from the reserved category. Many of these individuals joined service years before those who filed the original case and were favorably recommended by the DPC for promotion to unreserved posts. This omission raises significant concerns about potential discrimination and the consistent application of merit and seniority principles for all eligible candidates, irrespective of their initial recruitment category.
Legal experts suggest that the continuous, piecemeal interim orders by the High Court are creating more ambiguity rather than resolving the fundamental legal questions surrounding promotions to unreserved posts. The latest order, by specifically favoring only non-reserved category engineers for retirement-based promotions, could be perceived as undermining the well-established principle that reserved category candidates, if found more meritorious and senior, are fully eligible for unreserved posts.
The ongoing legal complexities are not limited to the Works Department. Reports indicate similar cases of “corruption” in promotion processes within other government departments, further exacerbating the challenges in ensuring fair and timely career progression for government employees.
A definitive ruling from the High Court, clearly articulating the application of merit-cum-seniority principles for all categories in unreserved posts, is eagerly awaited to bring much-needed clarity and ensure equitable opportunities in government service.