VASANT KUMAR JAISWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) This is an appeal against the judgment and order of the High Court of Madhya Pradesh which in accordance with the well settled principle of this Court as also the High Court held that in the absence of any statutory rule or executive memorandum or order laying down the rule for determination of seniority in a grade, the normal rule applicable would be to determine the seniority on the basis of length in service. Counsel for the appellant contends that in the instant case there were two rules being 12(b) and 12(c) of the M. P. Civil Services (General Conditions of Services) Rules 1961 governing the case. These rules read as follows:-

(3.) In the aforesaid view of the matter we are of the opinion that the High Court is right in dismissing the petition under appeal and the view it took was correct.