Cuttack: The Orissa High Court has quashed a promotion-related notification issued by the State Scheduled Tribes, Scheduled Castes, Minorities and Backward Classes Welfare Department. The court held that the notification was issued without proper authority and violated existing service rules.
Background of the Case
The case arose after the state government issued notifications on May 6, 2024, and February 27, 2025, allowing Scheduled Tribe and Scheduled Caste employees—appointed through reservation—to be considered for promotion to posts meant for the general category.
Petitions Before the Court
Several petitions, including one filed by Hiranmayi Nayak, challenged the notification. The petitioners argued that the amended instructions violated the Odisha Civil Services (OCS) Promotion Rules, 1992.
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Authority to Issue Promotion Rules
According to the OCS Promotion Rules, only the General Administration (GA) and Parliamentary Affairs (PG) departments are authorised to issue promotion-related instructions. However, the SC & ST Department issued the notification without obtaining approval from these departments.
Supreme Court Judgments Cited
The petitioners also contended that the notification violated key Supreme Court judgments, including Sabarwal, M. Nagaraj, and Jarnail Singh (2022), which lay down guidelines on reservation and promotion.
Court’s Decision
Justice Biraja Prasanna Satapathy, after detailed hearings, delivered a 103-page judgment. The High Court ruled as follows:
The promotion notifications dated May 6, 2024, and February 27, 2025, are illegal.
The SC & ST Department lacked authority to issue such instructions.
Mandatory approval from GA and PG departments was not taken.
The notification violated OCS Promotion Rules, 1992.
Supreme Court guidelines on promotion and reservation were not followed.
Impact of the Verdict
The court’s decision provides relief to General Category and OBC employees who claimed they were denied fair promotion opportunities. Promotions made under the quashed notification cannot continue, and the government must now follow the lawful promotion process.
Legal Representation
Senior advocate Buddhadeb Rautray appeared for the petitioners, while Manas Ranjan Mohanty represented the state government.
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