STATE OF MADHYA PRADESH Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) This is an appeal by special leave by the State of Madhya Pradesh against the judgment of the Madhya Pradesh High Court dated September 20. 1969, by which the final gradation list of seniority of certain officers prepared by the Government following the integration of the Madhya Pradesh State after merging the erstwhile States of Maha Koshal, Madhya Bharat, Vindhya Pradesh and Bhopal has been partially quashed. The respondent in whose favour the High Court decided the case is already dead and has therefore no interest in the result of the proceedings. But as the gradation list has been struck down by the High Court, the Government as also the officers who had been given a particular seniority are undoubtedly affected by the order of the High Court. That is why both the State of Madhya Pradesh and the Union of India have pressed this appeal.

(2.) The facts of' the case lie within a very narrow compass. In 1938 the respondent Rameshwar Prasad was recruited as Excise Sub-Inspector by the then Government of C.P.and Berar. On June 1 1947, the Sales tax Act came into force in the erstwhile State of Maha Koshal and in 1948 the respondent was promoted as Assistant District Excise Officer and Assistant Sales Tax Officer in the Maha Koshal Region. In 1949 the States of Vindhya Pradesh and Madhya Bharat were formed. On April 1, 1950 the Sales Tax Act came into force in Vindhya Pradesh and a month later i.e., on May 1. 1950, the Sales Tax Act was enforced in Madhya Bharat. Thereafter in accordance with the report given by the States Reorganisation Commission, the States Reorganisation Act was passed by which the new State of Madhya Pradesh was carved out by merging the erstwhile States of Maha Koshal. Madhya Bharat, Vindhya Pradesh and Bhopal. The appellants have produced before us the White Paper issued by the Government regarding the merging and reorganisation of the various States referred to above which is not in dispute at all. After the reorganisation, the services of the respondent were allocated to the new State of Madhya Pradesh. We might further mention that prior to the integration of Vindhya Pradesh and Madhya Bharat both the States had their similar Sales Tax Act which was known as internal Customs Duty and there were number of officers who were manning the Tax Organisation in those states holding almost ranks equal to the respondent.

(3.) After the reorganisation of the States it became necessary to prepare a various Departments so that the officers who were allocated to the new State of Madhya Pradesh did not suffer any prejudice. Section 115 of the States Reorganisation Act. 1956 provided amongst others that the Central Government, by general or special order. was to determine the successor State to which every person referred to in sub-section (2) of Section 115 was to be allotted sub-section (5) of Section 115 enjoined on the Central Government to establish one or more Advisory Committees for the purpose of division and integration of the services among the new State and ensuring of fair and equitable treatment to all persons affected by the provisions of the Section and the proper consideration of any representation made by such persons. In pursuance of these statutory provisions the Central Government appointed an Advisory Committee for the newly integrated State of Madhya Pradesh to prepare a gradation list which would reflect the seniority of the officers concerned in a fair and equitable manner so that no prejudice or injustice was caused to any officer by virtue of the integration of the States According to the appellants on the recommendations of the Advisory Committee certain principles for determining the seniority of the officers coming from the erstwhile States were determined and in accordance with the same a provisional gradation list was prepared showing seniority of the officers as on November 1, 1956. These principles were formulated by virtue of a Notification No. 2581/2577/ V-ST, dated October 28, 1961, which has been quoted in para 3 of the Petition for Special Leave to appeal and may be extracted as follows: