ORDER N. PRUSTY, J 1. The applicants in O.A. 1933(c)/2009, O.A. 1935(c)/2009, O.A. No. 1936(c)/2009 and O.A. No. 1937(c)/2009 are presently working as A.S.O. cum-Additional Tahasildar, Biramitrapur in the district of Sundargarh, A.S.O.-cum-Addl. Tahasildar, Tangi in the district of Khurda, A.S.O.-cum-Addl. Tahasildar, Dhenkanal in the district of Dhenkanal, A.S.O. in the office of the Sub Collector, Nilagiri in the district of Balasore respectively. They have filed these O.As. with a prayer for a direction to the respondents to complete the selection for promotion for O.A.S. by convening D.P.C. and declaring selection list for 2007-08 and other years promptly within a month as per Regulation 1978 and issue appointment after selection. It has also been prayed for by these applicants for a direction to the respondents that selection should be carried regularly every year within the time as the posts in O.A.S. cadre are lying vacant. 2. The applicants in O.A. 1162/(c)/2009, O.A. 1163(c)/2009 and O.A. 1164 (c)/2009 are presently working as Diploma holder Junior Engineer in Block Office, i.e. Angul Sadar Block in the district of Angul, in Baghuabol Irrigation Division, Angul in the district of Angul and the Block Office, Gondia in the district Dhenkanal. They have filed these O.As. with a prayer for direction to the respondents to complete the process (selection/ promotion) within a time stipulated. 3. As it appears the factual backdrop of the case in first 4 O.As. i.e. O.A. 1933 (c)/2009, O.A. 1935(c)/2009, O.A. 1936(c)/2009 and O.A. 1937(c)/2009 is that the names of these applicants have been recommended as departmental candidates for selection to Orissa Administrative Service Class-II by way of promotion/selection for the years 2001 to 2005 in pursuance of notification dated 19.6.2008 (Annexure-6 in O.A. 1936 (c)/2009) and for the year 2008 in pursuance of Notification dated 28.4.2008 (Annexure-1 in O.A. 1936 (c)/2009). So far as the applicants in O.A. 1162(c)/2009, O.A. 1163(c)/2009 and O.A. 1164(c)/2009 are concerned, their names have also been recommended for recruitment to O.A.S. Class-II by promotion for the year 2008 in accordance with Rule 3(b) of the Orissa Administrative Service Class-II (Recruitment) Rules, 1978 and Regulation 5 of OAS Class-II (Appointment by Promotion and Selection) Regulations, 1978. 4. So far as the applicants in O.A. 1162(c)/2009, O.A. 1163(c)/2009 and O.A. 1164(c)/2009 are concerned, their names have also been recommended for recruitment to O.A.S. Class-II by promotion for the year 2008 in accordance with Rule 3(b) of the Orissa Administrative Service Class-II (Recruitment) Rules, 1978 and Regulation 5 of OAS Class-II (Appointment by Promotion and Selection) Regulations, 1978. 4. Since pleadings in O.A. 1936(c)/2009 have already been completed i.e. counter and rejoinder have been filed and subject matter of all these cases is one and the some, this O.A. is taken to be the leading case far the purpose of discussion and disposal, keeping in view of the fact that vacancies of the year from 2001 to 2005 have already been filled up and as such the question to be decided in these O.As is as to whether the applicants in all these O.As are to be considered far the vacancies of 2008 far their promotion/selection to the O.A.S.-II cadre past, keeping in view communication dated 28.4.2008 (Annexure-1). 5. Heard Mr. B.B. Mohanty, Mr. H.K. Mohanty and Mr. D.K. Pradhan, learned counsel for the applicants and Mr. H. Kanungo., learned Govt. Advocate. 6. Mr. Mohanty, learned counsel submitted that the Government in Revenue & Disaster Management Department have issued letter dated 28.4.2008 (Annexure-1) far recruitment to. OAS Class-II by 'Promotion' far the year 2008 under Rule 3(b) of the Rules and Regulations 5 of the Regulations in pursuance of the said letter the authorities concerned under wham the applicants are serving, have sponsored the names of the applicants far consideration of their cases far promotion to OAS Class-II/Group-B. Even though selection process was completed in respect of vacancies of the years 2001 to 2005 and appointment orders were issued in favour of the selected candidates vide notification dated 7.12.2010 (Annexure-8), the respondent authorities have not convened D.P.C. meeting far selection/promotion to the past of O.A.S.-II/Group-B far the recruitment year 2008 an the ground that vide notification dated 28.2.2009 (Annexure A to the counter) the Orissa Administrative Service shall be in Orissa Administrative Service-I (Junior Branch) in the pay scale of Rs.15,600-39,100/- with grade pay of Rs.5400/-. Since prior to the notification dated 28.2.2009 (Annexure-A to. the counter) names of the applicants had been recommended far selection to. Since prior to the notification dated 28.2.2009 (Annexure-A to. the counter) names of the applicants had been recommended far selection to. O.A.S.-II as against the vacancies of 2008 and the relevant service rule has neither been repealed nor substituted by any rules till date, as such the restructuring of cadre of O.A.S. should be implemented with prospective effect and accordingly the applicants are entitled to be considered far selection to the past of O.A.S.-II as against the vacancies of the year 2008. The Rule position an the basis of which the applicants have filed these O.As. is as fallows:- In pursuance of the proviso to Article 309 of the Constitution of India, the State Government framed rules called as The Orissa Administrative Service Class-II (Recruitment Rules), 1978. Rule 3 of the said Rules prescribes method of recruitment. "Recruitment to the service shall be made by the following methods:- (a) Direct recruitment by competitive examination. (b) Promotion from among Gazetted Officers of the rank of Assistant Settlement Officer and such other Gazetted Officers who are on identical scale of pay Rs.500-15-590-EB-20-710-EB-25-760-30-790-35-825 or in such other scale of pay as may be notified by the Government from time to time. (c) Selection of non-gazetted officers. Rule 5 envisages that recruitment to the Service shall be subject to the provisions of these rules, be in accordance with such regulations as the State Government may after consultation with the Commission in this behalf. Rule 8 envisages the percentage of recruitment:- (1) The number of persons to be directly recruited under Clause (a) of Rule 3 shall be as nearly as possible but not less than fifty percent. (2) The number of persons that shall be recruited by way of promotion under Clause (b) of Rule 3 in any year shall be nearly as possible but not more than thirty percent. (3) The number of persons that shall be recruited by way of selection under Clause (c) of Rule 3 in any year shall be as nearly as possible but not more than twenty percent. (4) If adequate number of candidates are not available for recruitment by promotion or selection the resulting vacancies shall be filled up by direct recruitment. (5) For recruitment to the service by promotion and selection under these Rules the State Government shall consult the Commission before appointment. (4) If adequate number of candidates are not available for recruitment by promotion or selection the resulting vacancies shall be filled up by direct recruitment. (5) For recruitment to the service by promotion and selection under these Rules the State Government shall consult the Commission before appointment. In pursuance of the said Rule 5 the Government brought out the Orissa Administrative Service, Class-II (Appointment by Promotion and Selection) Regulations, 1978. As per Regulation 3 there shall be a Selection Board for selection of persons for promotion and selection to the Service under clauses (b) and (c) of Rule 3 of the Rules. As per Regulation 6 the concerned administrative departs of the State Government in the Revenue Department shall call for recommendations for-promotion and selection under Rule 3(b) and 3(c). As per Regulation 7 the Selection Board shall consider the recommendations so received and prepare select list. Since the names of the applicants have been sponsored by the concerned departmental authorities, Selection Board/OPC ought to have been convened for consideration of their cases and they ought to have been appointed to the post of O.A.S. Class-II as against the promotion quota in respect of vacancies of 2008. 7. Mr. Kanungo, learned Govt. Advocate on the basis of the averments made in the counter submitted that as per the direction of this Tribunal dated 11.4.2007 in O.A. 50/2007 and batch of cases the selected candidates were appointed to OAS-II for the years 2001 to 2005 vide order 7.12.2010. So far as the recruitment year 2008 is concerned, as per policy decision of Government vide G.A. Department Resolutions dated 28.2.2009 and 25.5.2009 (Annexure A & B to the counter) the O.A.S.-II cadre has already been abolished and at the entry level in OAS cadre is OAS-I (Junior Branch) and also new cadre i.e. Orissa Revenue Service cadre has been reconstituted. After reconstitution of ORS cadre, the applicant is now coming under the ORS cadre and necessary provision has been made in the Resolution that 50% of posts shall be filled by way of promotion from among the officers of ORS cadre. After reconstitution of ORS cadre, the applicant is now coming under the ORS cadre and necessary provision has been made in the Resolution that 50% of posts shall be filled by way of promotion from among the officers of ORS cadre. As it appears from the resolution dated 28.2.09 initial induction into the base level of the restructured Orissa Administrative Service shall be in Orissa Administrative Service-I (Junior Branch), the pay scale of Rs.15600-39100 with grade pay Rs.5400/- with a cadre strength of 984 as per the following pattern – (a) Not less than 50% of the posts in the service shall be filled up by direct recruitment. through Competitive examination. (b) Not more than 50% of the posts shall be filled up by promotion from among officers of Orissa Revenue Service who are (i) Graduates, (ii) are within 50 years of age (iii) have rendered not less than 15 years of Govt. service and are (iv) in receipt of Grade pay of Rs.5400 in the P.B.2 of the Orissa Revised Scales of Pay, 2008. As it appears by a Resolution dated 25.5.2009 (Annexure-B to the counter) a separate cadre title the "Orissa Revenue Service, Group B" has also been constituted and it has been decided that there shall be the Orissa Revenue Service (ORS) with cadre strength of 1180 and induction to the service shall be as per the following pattern (a) not less than 50% by direct recruitment on the results of combined competitive examination and (b) not more than 50% by way of lateral selection of officers of outstanding from different cadres. In paragraph 6 of the said Resolution. it has been categorically, decided that "The existing OAS-II cadre stands abolished with immediate effect and officers in the existing OAS Class-II shall come over to OAS-I (Jr. Branch). Since sufficient number of officers in the Orissa Revenue Service cadre shall not be .instantly available to man all the posts in the cadre some officers of the OAS-I (Junior Branch) shall discharge the functions of those posts". After reconstitution of the ORS cadre the applicants are to come over under that cadre, which has also been admitted by the respondents in paragraph 7 of the counter. After reconstitution of the ORS cadre the applicants are to come over under that cadre, which has also been admitted by the respondents in paragraph 7 of the counter. As such the applicants after coming over to O.R.S. cadre shall be considered for their promotion to the grade of O.A.S.-I (JB) as against the promotion quota when their turn will come i.e. only after 50% of the vacant posts are filled up by direct recruitment. Learned counsel further submits that no requisition has been issued to the OPSC for recruitment to the post of OAS-II/Group-B as against direct recruit quota for 2008. Since the advertisement for filling up posts of OAS.-I, (Junior Branch) and Orissa Revenue Service by direct recruitment has already been issued by the O.P.S.C., last date being 31.12.2011, O.A.S.-II/Group-B posts are, not be available for direct recruits. Had the requisition for filling up 50% of vacancies meant for direct recruits as against \he\year 2008 been issued, then only the applicants shall be in a position to claim for consideration of their cases as against the remaining 50% (30% by promotion & 20% by selection) in the grade O.A.S. Class II as per the existing rules. As such there is no such cadre of O.A.S.-II to be divided into 50:50 for recruitment. Learned counsel relied upon the decision of the Hon'ble Supreme Court in the case of State of Punjab and others v. Arun Kumar Aggarwal and others reported in (2008) 2 SCC (L&S) 377 which reads as follows:- "30. There is no quarrel over the proposition of law that normal rule is that the vacancy prior to the new Rules would be governed by the old Rules and not by the new Rules. However in the present case we have already held that the Government has taken conscious decision not to fill the vacancy under the old Rules and that such decision has been validly taken keeping in view the facts and circumstances of the case." In the present case even though the Government vide letter dated 28.4.2008 (Annexure-1 in O.A. 1936(c)/2009) has called for names of the applicants for promotion/selection to the post of OAS Class-II/Group B for the year 2008, since no Selection Board was convened nor select list/merit list has been prepared and in the meantime Government have decided to fill up the posts. of OAS-I (Junior Branch) and Orissa Revenue Service as per the Resolutions dated 28.2.2009 and 25.5.2009 (Annexure A & B), no right has accrued in favour of the applicants for convening a D.P.C. for appointment of the applicants to the post of OAS-II (Group B) by way of promotion/selection. 8. For example, in the cases of Sikhyakarmis/Non-formal Facilitators, even though they have prayed for appointment as primary school teachers as per the rules/instructions prevailing at the time of filing of the cases, the Tribunal had directed the respondent authorities to consider their cases for engagement as Sikhya Sahayaks, since as per the existing rules/instructions nobody can be appointed directly to the post of primary, school teacher. As such in the instant case since O.A.S.-II cadre posts have been upgraded to that of O.A.S.-I (JB) the applicants being continued as against Class-III posts, they can only be considered for their promotion only to Class-II/Group-B post and not directly to Class-I (Group-A) posts. 9. Considering the submissions made by the learned counsel for both the parties, keeping in view of the fact that since only names of the applicants have been sponsored by their respective departmental authorities for consideration of their selection/promotion to the post of OAS.-II/Group as against 50% promotion quota, in pursuance of communication dated 28.4.2008 (Annexure-1) and no Selection Board was convened nor select list/merit has been prepared and in the meantime vide Resolutions of the Government dated 28.2.20b9 and 25.5.2009 (Annexure A and B whereby the existing OAS-II cadre stands abolished with immediate effect and officers in the existing OAS Class-II shall come over to OAS I (Jr. Branch) and Orissa Revenue Service Group-B has been constituted and the Government have decided to fill up the posts of OAS I (Junior Branch) and Orissa Revenue Service Group-B as against 50% promotion quota as per Resolutions of the Government dated 28.2.2009 and 25.5.2009 (Annexure A and B), so also nobody junior to the applicants has been promoted to OAS-II/Group-B cadre ignoring the claims of the applicants as against the vacancies of 2008, at present no right has accrued in favour of the applicants, which is to lead for a direction for convening a D.P.C, for consideration of their cases for appoiiltmei1t to the post of OAS-II (Group-B) by way of promotion/selection as has been prayed for by the applicants in these O.As., since the applicants can never be eligible to be considered for their promotion directly to Group-A/Class I post from Group-C/Class III/ post by passing the O.A.S.-II/Group-B cadre. However, the applicants shall be eligible for consideration as against available Group-B/Class-II posts as against the promotion quota, only after 50% of the vacant posts of the recruitment year 2008 are filled up by direct recruitment. As such in our considered view the relief as has been sought for by the applicants in these O.A.S. cannot be entertained at this stage, unless 50% of the available vacancies are filled up by• direct recruitment as per Rules. In view of the above, the respondent authorities are directed to take immediate steps for filing up the 50% vacancies of available Class II/Group-B posts including Orissa Revenue Service, by direct recruitment and 50% of the vacancies by promotion from amongst Group-C/Class III employees as early as practicable, preferably within a period of six months from the date of communication of this order. All these O.As. are accordingly disposed of.