THE ODISHA ADMINISTRATIVE SERVICE, CLASS II (APPOINTMENT OF OFFICERS VALIDATION) ACT, 1986

*THE ORISSA ADMINISTRATIVE SERVICE,

CLASS II (APPOINTMENT OF OFFICERS

VALIDATION) ACT, 1986

ORISSA ACT 8 OF 1987

[Received the assent of the Governor on the 22nd May 1987 first published in an

extraordinary issue of the Orissa Gazette, dated the 2nd June 1987]

AN ACT TO VALIDATE THE APPOINTMENTS AND DETERMINATION OF

SENIORITY OF CERTAIN OFFICERS OF THE ORISSA ADMINISTRATIVE

SERVICE, CLASS II IN THE STATE OF ORISSA.

BE it enacted by the Legislature of the State of Orissa in the Thirty-eighth

Year of the Republic of India, as follows:-

1. This Act may be called the Orissa Administrative Service, Class II

(Appointment of Officers Validation) Act, 1987.

2.  In this Act, unless the context otherwise requires,-

(a) "Direct recruitment" means recruitment to the Orissa Administrative

Service, Class II by competitive examination conducted by the

Orissa Public Service Commission in accordance with the provisions

of the Orissa Administrative Service, Class II (Appointment by

Competitive Examination) Regulation, 1959;

(b) "Government" means the Government of Orissa; and

(c) "Merger recruits" means the officers in the Orissa Administrative

Service, Class II who had initially been members of the Orissa

Subordinate Administrative Service and were inducted into the Orissa

Administrative Service, Class II by merger of the Orissa Subordinate

Administrative service with the Orissa Administrative Service, Class

II (Junior Branch), in accordance with the policy laid down by

Government resolution in the erstwhile Political and Services

Department No. 363-Gen., dated the 7th January, 1972 and

* Published vide Orissa Act 8 of 1987

For Statement of Objects and reasons see Orissa Gazette, Extraordinary, dated the 5th

February 1986 (No. 747). For Select Committee report see Orissa Gazette, Extraordinary,

dated the 24th February 1987 (No.293).

The Odisha   Gazette
EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. Date : 2nd June 1987

Short title

and

commencement

Definitions.



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integration of the Orissa Administrative Service, Class-II (Junior

Branch) and the reconstituted Orissa Administrative Service, Class

II (Senior Branch) into the Orissa Administrative Service, Class IIin

accordance with the policy laid down in Government resolution in

erstwhile Political and Services Department No. 19468-Gen., dated

the 21st December, 1973, excluding those officers who were recruited

to the Orissa Administrative Services, Class II by promotion for the

recruitment years 1970 and 1971.

3. (1) Notwithstanding anything contained in the Orissa Administrative

Service, Class-II (Recruitment) Rules, 1959 and the regulations framed thereunder

or the Orissa Administrative Service, Class-II (Recruitment) Rules; 1978 and the

regulations framed thereunder or in any judgment, decree or order of any court

but subject to the provisions of sub-section (2),-

(a)  the appointment of the merger recruits to the Orissa Administrative

Service, Class II and the determination of their seniority in the Orissa

Administrative Service, Class II vis-a-vis the officers appointed to

the Orissa Administrative Service, Class II by direct recruitment in

respect of the recruitment year 1972 in accordance with Government

Resolution in the Revenue Department No. 27662-R., dated the

23rd April 1984;

(b) the appointment of the officers to the Orissa Administrative Service,

Class II in respect of the recruitment years 1970 and 1971 by the

methods of promotion and direct recruitment, the determination of

the seniority of the said officers in the Orissa Administrative Service,

Class II in accordance with Government Resolution in the Revenue

Department No. 2208-R (C. S.), dated the 11th November, 1[1976];

and

(c) the appointment of the officers to the Orissa Administrative Services,

Class-II in respect of the recruitment years 1972, 1976 and 1974 by

the method of direct recruitment;

shall, for all intents and purposes, be deemed to have been validly made

and determined and shall not be liable to be challenged in any court of law or

otherwise be opened to challenge merely on the ground that they were made or

determined otherwise than in accordance with the provisions contained in the

said rules and regulations.
2[(2) (a) Such number of "merged recruits" as would have been entitled to

promotion in the recruitment year 1972 computed on the basis of percentage

envisaged under Rule 10 of the Orissa Administrative Service, Class II

(Recruitment) Rules, 1959, shall be deemed to be the promotes of the respective

years, and the determination of seniority of the merger recruits so deemed to be

1. Law Department Corrigendum, see Orissa Gazette, Extraordinary, dated the 7th July

1987 (No. 961)

2. Substituted by the Orissa Act 24 of 1992, S.2.

Validation of certain

appointments and

determination of

seniority.:-



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the promotes,-

(i) of the year 1972 vis- -vis the officers appointed to the Orissa

Administrative Service, Class II by direct recruitment in respect of

the recruitment year 1972; and

(ii) of the year 1973 vis- -vis the officers appointed to the Orissa

Administrative Service, Class II by direct recruitment in respect of

the recruitment year 1973;

shall be in accordance with the same principle as followed for the

determination of the inter se seniority between the direct recruits and the promotes

in relation to the Orissa Administrative Service, Class II in respect of the recruitment

years 1970 and 1971 and they shall be placed accordingly in the gradation list.

(b) The remaining "merger recruits" shall be placed below the direct recruits

of the year 1973 in the Gradation List."]