JUDGMENT : R.K. Patra, A.C.J. 1. This writ petition at the instance of the State Government is directed against the common order dated 14.2.2000 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 415 (C) of 1998 requiring it to fill up the posts of O.A.S Class-ll by giving appointment to four persons after retrenching the junior most hands. 2. The opposite party No. 1 filed the aforesaid O.A. No. 415 (C) of 1998 challenging fixation of five numbers of vacancies reserved for ex-servicemen category out of 399 vacancies for Orissa Civil Services. According to him, he is an ex-serviceman and as such, at least 3 per cent of 400 vacancies (i.e. 12 vacancies ) should have been reserved for ex-servicemen in view of the Orissa Ex-Servicemen (Recruitment to State Civil Services and Post) Rules, 1985. 3. Facts in brief are necessary to be noted for the purpose of decision. The Orissa Public Service Commission made an advertisement on 1.1.1997 for combined competitive recruitment examination for the following services : Category No. 2 : i) Orissa Administrative Services Class-ll ii) Orissa Finance Service, Class-ll iii) Orissa Employment Service, Class-ll iv) Orissa Co-operative Service, Class-ll Category No.2 i) Sub-Registrar ii) Orissa Settlement and Consolidation Service. Admittedly, there were no recruitment examinations for the years 1994, 1995 and 1996 and there were 32 unfilled vacancies of the previous years. The General Administration Department being a nodal department to monitor vacancies of different administrative departments sent requisitions to the Orissa Public Service Commission on 30.9.1996 relating to the vacancies for the years 1994,1995 and 1996 totalling to 367 and on 27.11.1996 relating to 22 spilt over vacancies, such as, Revenue Department -29 (O.A.S. Class- 11-24 and O.S.C.S.-5) and Finance Department-3 relating to the unfilled vacancies of previous years. Thus, in total it comes to approximately 400. Rule 3 of the Orissa Reservation Vacancies in Posts and Services (Scheduled Caste and Scheduled Tribes) Rules, 1976 provides for 'model roster' i.e. the reserve points in 100 point roster (S.C 15% and S.T. 23%). Rule 4 of the Orissa Ex-Serviceman (Recruitment to State Civil Services and Posts) Rules, 1985 provides that 3 % of the vacancies arising in a year in different categories of Class - II and Class - III post are to be filled up by direct recruitment being reserved for ex-serviceman as per the roster points shown in the Schedule. Rule 4 of the Orissa Ex-Serviceman (Recruitment to State Civil Services and Posts) Rules, 1985 provides that 3 % of the vacancies arising in a year in different categories of Class - II and Class - III post are to be filled up by direct recruitment being reserved for ex-serviceman as per the roster points shown in the Schedule. In the Schedule, the reserve point for ex-serviceman were inter -linked with S. C. reservation points in the 100 point roster, conjoin reading of the aforesaid rules would so that (the vacancies arising in different services in a particular year are to be taken as the basis for calculating 3 per sent vacancies to be reserved ex-serviceman and this quota is required to be taken out from the category of the selected candidates according to the category to which the candidation belongs. 7 from the vacancies in different categories of posts for ex-serviceman for the years 1994, 1995 and 1996 the total reservation for ex-servicemen would come to 7.) This would be evident from the following chart : Sl.No. Category of posts Year Total No. 3% for Ex-S.M. of Vacancies 1. O.A.SCLASS-II 1994 72 2.19 or 2 2. -do- 1995 76 2. 23 or 2 3. -do- 1996 68 1.74 or 2 4. O.F.S. Class-ll 1994 18 0.54 or Nil 5. -do- 1995 40 1.20 or 1 6. -do- 1996 24 0.72 or Nil 7. O.C.S. Class-2 1994 Nil Nil 8. -do- 1995 3 0.09 or Nil 9. -do- 1996 6 0.18 or Nil 10. O.E.S. Class-II 1994 1 0.03 or Nil 11. -do- 1995 3 0.09 or Nil 12. -do- 1996 4 0.12 or Nil 13. Sub-Registrar 1994 2 0.06 or Nil 14. -do- 1995 10 0.30 or Nil 15. -do- 1996 1 0.03 or Nil 16. O.S.C.S 1994 15 0.45 or Nil 17. -do- 1995 20 0.60 or Nil 18. -do- 1996 13 0.34 or Nil Total Reservation for Ex-Serviceman : 7 It may be noted that unless there are 33 vacancies arising in a year, one post cannot be reserved for ex-serviceman. Calculating in this process, the number of vacancies to be reserved for the ex-servicemen at the maximum could have been 7 out of total number of 399 vacancies to be tilled up. The Tribunal clearly erred in Law in numbering that 12 vacancies should be reserved for the ex-serviceman. 4. Calculating in this process, the number of vacancies to be reserved for the ex-servicemen at the maximum could have been 7 out of total number of 399 vacancies to be tilled up. The Tribunal clearly erred in Law in numbering that 12 vacancies should be reserved for the ex-serviceman. 4. For the reasons aforesaid, the impugned order of the Tribunal at Annexure-8 cannot be supported in law which is accordingly quashed. O.A. No. 415(C) or 1 998 thus stands rejected. 5. The writ petition is allowed . No costs. 6. P. K. Mishra, J. 7. I agree. 8. Writ petition allowed. Final Result : Allowed