V P SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment of the Madhya Pradesh Administrative tribunal dated 24/7/1992 in Original Application No. 894 of 1988. The appellants are the direct recruits as Assistant Director of Industries, they having been appointed on 29/9/1980 through the process of selection conducted by the public service commission. The respondents are the ad hoc promotees to the post of Assistant Director , they having been promoted on 27/9/19800. The inter se seniority between these two groups of appointees is the subject-matter of controversy in this appeal.

(3.) The State of Madhya Pradesh had framed a set of Rules called Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1965 (hereinafter referred to as 'the Recruitment Rules of 1965'). Under the said Rules, 50 per cent posts of Assistant Director of Industries were to be filled by direct recruitment and balance 50 per cent by promotion. The aforesaid Rule was replaced by a new set of Rules called Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1985 (hereinafter referred to as 'the Recruitment Rules of 1985'). Both these Rules though provide for the mode of recruitment to the post of Assistant Director of Industries as well as the procedure but do not contain any provision for determination of inter se seniority between a direct recruit and a promotee. Therefore the said seniority had to be determined in accordance with the general principle.