The State of Madhya Pradesh vs Prashant Kumar Lagarkha

They are heard on I.A. No. 11003/2014 an application filed seeking condonation of delay in filing of this appeal.

There is a delay of about 234 days in filing of this appeal. The delay is explained in I.A. No.11003/2014 by attributing certain procedural formalities which were required to be completed, and finding the same to be reasonable, the application is allowed.

Delay in filing this appeal is condoned.

Learned counsel for the parties are heard on the question of admission.

In this appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, State Government has called in question tenability of an order dated 1.10.2013 passed by learned Writ Court in W.P. No.5804/2010.

By the impugned order respondents employees who were inducted into the service of State Government as Sub Engineers have been directed grant of seniority from the initial date of appointment based on the principles of law laid down by the Supreme Court in the case of The Direct Recruit Class-II Engineering Officers'' Association and others Vs. State of Maharashtra and others, .

Challenge to the said order is made in this appeal only on the ground that as induction of the employees were on temporary and ad hoc basis and as they were appointed to post which were only temporary, the direction issued by the learned Writ Court is unsustainable. Shri Rahul Jain, learned Dy. Advocate General argued that as the induction of the employees in the department was only temporary in nature, they cannot get benefit of temporary ad hoc service and the action of the department has been unnecessarily interfered with by the learned Writ Court. According to Shri Rahul Jain the period of ad hoc service and temporary service rendered cannot be reckoned for counting of seniority. It was further argued by the learned Dy. Advocate General that the respondents were inducted into post which were not substantive in nature but were only temporary or ad hoc in nature.

Shri K. C. Ghildyal, learned counsel appearing for the respondents employees refuted the aforesaid contention and pointed out that the respondents-employees were appointed based on a selection process conducted by the Mini Public Service Commission in the State of Madhya Pradesh. An advertisement Annexure P/1 was issued by the State Government. The employees were submitted to written examination, the candidates who faired well in the written examination was subjected to further interview by the Interview Board and based on selection process, as the employees have been appointed, It is said that the appointment was duly process of law and in following the principles of law laid down in the case of Direct Recruits (Supra) it is argued by Shri K. C. Ghildyal that no error has been committed by the learned Writ Court.

Shri Ghildyal further points out that various employees were appointed in the undivided State of Madhya Pradesh based on the same advertisement and except for the employees appointed in the Division in question, all such Sub Engineers appointed on the basis of the same selection process in the Revenue Bilaspur Division now in the State of Chhatisgarh and in revenue Division Chambal now still in the State of Madhya Pradesh, benefit of seniority from the initial date of appointment was granted and taking note of similarity in the case of employees working in Chambal Division and Bilaspur Division, benefit has been granted to the persons. Accordingly, it is argued by Shri K. C. Ghildyal that in doing so, no error has been committed by the learned Writ Court.

We have heard learned counsel for the parties and perused the record. From the records it is clear that the recruitment process was initiated in the year 1995. The Mini Public Service Commission in the State of Madhya Pradesh issued the advertisement vide Annexure P/1 and the posts were filled up based on a written examination and interview conducted by this Public Service Commission. Appointments were made in various Divisions of the State of Madhya Pradesh including Indore Division, Rewa Division, Bilaspur Division (then in the undivided State of Madhya Pradesh) and Chambal Division. However, it was only in the case of Rewa Division that the Sub Engineers like the petitioners were denied the benefit of seniority from the initial date of appointment. The learned Writ Court considered the manner of appointment and the benefit granted to various other similarly situated and further applying the principles of law laid down in the case of Direct Recruits (Supra), held that employees are entitled to reckon their seniority from the initial date of appointment as they were appointed on regular basis in vacant post after following a due process of law for appointment. That apart, in the matter of inter se seniority of all selected candidates the learned Writ Court has directed the State Government to determine on the basis of merit list prepared by the Public Service Commission after taking note of the provisions of Rule 12 of M.P. Civil Services (General Conditions of Services) Rules, 1961.

Having considered the rival contentions, we find that the learned Writ Court has gone into each and every aspect of the matter and applying the principles of law, the matter has been decided.

Admittedly, matter available on record does show that the employees were appointed against regular vacant post after a due process of selection undertaken by the then existing Public Service Commission was resorted to and if the appointment was in accordance to requirement of law and recruitment Rules, in allowing seniority from the initial date of appointment, we are of the considered view that the Writ Court has not committed any error. That apart, in the matter of grant of seniority when benefits were granted to other similarly situated employees working in divisions of Bilaspur, Chambal and Indore, there is no reason as to discriminatory attitude should be followed in the case of present employees.

Accordingly, finding no error in the matter warranting reconsideration, this appeal is dismissed.