OM PRAKASH SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) LEAVE granted.

(2.) APPELLANT calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court at Jabalpur affirming the order passed by Central Administrative Tribunal (in short 'CAT') holding that the appellant's claim of seniority vis-a-vis that of one Ram Rao Bhosley was untenable.

(3.) IN support of the appeal, Mr. Vivek Tankha, learned senior counsel submitted that the view taken by the CAT and the High Court was not correct in view of what has been stated by this Court in M.P. Chandoria and Ramkinkar Gupta cases (supra). With reference to the factual details of Ram Rao Bhosley, it was submitted that though he passed the departmental examination on 29.1.1993 after his initial appointment on 7.5.1990, he was placed senior to the appellant in the Gradation list. This was submitted to be not justified both in fact and in law.