Orissa HC Rules Out Reservation for Contractual GRS Appointments

Cuttack: The Orissa High Court has dismissed the applicability of reservation for the appointment of Gram Rozgar Sevaks (GRS), ruling that these positions, linked to the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), are inherently contractual. In a judgment delivered by Justice Sashikanta Mishra, it was clarified that GRS roles do not fall under the state’s civil service categories nor are they governed by the Odisha Civil Service (Classification, Control & Appeal) Rules, 1962.

Justice Mishra emphasized that the contractual nature of the GRS appointments—where individuals receive fixed remuneration with no prospects of permanent state employment—renders the principles of reservation inapplicable. “In view of the clear finding of this court that GRS is a contractual appointment, the principles of reservation would have no application,” he stated.

The verdict follows a challenge to a June 2018 advertisement issued by the District Collector of Subarnapur, which sought applications for 19 GRS positions, allocating five positions for Scheduled Castes and 14 for Scheduled Tribes. A contender from the general category argued that the reservation allocations were improper, prompting the High Court to impose interim restraints on the recruitment process after the final merit list was published in December 2018.

Rejecting the state government’s interpretation of the district cadre status as well as references to the 2008 Rules, Justice Mishra described them as “fallacious” and “absurd.” He noted, “The district cadre status is a namesake cadre without the trappings of civil post or service under the state. Appointment to the said service from amongst the GRSs would not change their status as contractual appointees.”

The ruling underscores the court’s stance that contractual positions under MGNREGS should not be subject to reservation policies designed for permanent civil services.