Legal Analysis: State of Odisha & Ors. v. Sreepati Ranjan Dash & Anr

Citation: 2026 INSC 505
Court: Supreme Court of India
Bench: A Division Bench comprising Justice Dipankar Datta (as the sole named author, but as an appeal under Article 136, it is a Division Bench)
Date of Decision: May 18, 2026
Nature of Case: Civil Appeal Nos. 13121-13122 of 2025 arising out of Special Leave Petition

Synopsis

The Supreme Court allowed appeals filed by the State of Odisha against the judgment of the Orissa High Court which had directed the State to convene a Departmental Promotion Committee (DPC) for promoting the respondents to the post of Assistant Regional Transport Officer (ARTO) under executive instructions of 1981. The High Court had held that the respondents had a right to be considered for promotion under the old executive instructions despite the subsequent enactment of the Odisha Transport Service Rules, 2021, which replaced the earlier regime and provided for direct recruitment through OPSC. The Supreme Court reversed, holding that: (i) the 2021 Rules, framed under Article 309 of the Constitution, supersede all earlier executive instructions; (ii) there is no vested right to promotion; an employee has only a right to be considered for promotion under the rules in force on the date of consideration; (iii) the decision in Y.V. Rangaiah (1983), which held that vacancies arising under old rules must be filled under old rules, has been overruled by a three-Judge Bench in State of H.P. v. Raj Kumar (2022); and (iv) the Government’s policy decision not to fill vacancies by promotion but to introduce direct recruitment is not arbitrary and cannot be interfered with.

1. Basic Information of the Judgment

• Case Title: State of Odisha & Ors. v. Sreepati Ranjan Dash (along with State of Odisha v. Aditya Bhanjan Sahoo)

• Citation: 2026 INSC 505

• Civil Appeal Nos.: 13121-13122 of 2025

• Bench: Division Bench (Justice Dipankar Datta) – the judgment is authored by a single judge but as an appeal under Article 136, it is a Division Bench

• Date of Decision: May 18, 2026

• Court: Supreme Court of India (Civil Appellate Jurisdiction)

• Impugned Order: Common judgment dated 07.11.2025 of the Division Bench of the Orissa High Court dismissing intra-court appeals (Writ Appeals) and upholding the Single Judge’s order directing convening of DPC.

2. Legal Framework

Major Laws and Provisions Involved

• Constitution of India, 1950 – Article 162 (executive power of State), Article 309 (proviso –

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