UMESHWAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The two writ appeals arise from a common order passed by a learned Single Judge on 31.07.2018. Both the writ applications came to be dismissed refusing to interfere with the seniority list of Assistant Fisheries Officer dated 28.07.2012 as also the seniority list of Fisheries Inspectors dated 28.07.2012 which were annexed as Annexures P/1 and P/2, respectively to the writ applications. These Appellants were Petitioners before the writ Court who got aggrieved by grant of seniority to the private Respondents from the date of their initial "appointment", since it is seriously contested that the private Respondents were not appointed by the State Government and were not Government servants, who required to be given benefit of seniority from the initial date of their engagement under what was known as Fish Farmer Development Agency (for short, 'FFDA') a society registered under the Societies Act and not a Government establishment.

(2.) Before coming to the arguments which have been raised on behalf of the Appellants and the private Respondents, the Court has to deal with the history to understand as to why there is clash of interest between the Appellants and the private Respondents and litigations have played out, if not fought, at various levels before the High Court and even the Hon'ble Apex Court.

(3.) We would be failing in our duty if we do not take notice of the previous litigations where an effort made by the private Respondents to declare themselves as Government servants failed before a learned Single Judge and then a Division Bench vide their orders dated 04.08.2008 and 08.10.2010, respectively in WPS No. 224 of 2005 and WA No. 196 of 2008 and it's analogous cases.