SATYAVIR SINGH Vs. COLLECTOR OF STAMPS

JUDGEMENT

(1.) This appeal is directed against the order dated 22nd October, 2005 passed by the learned Single Judge allowing the writ petition filed by the respondent herein holding that the respondent is entitled to MMS-II with effect from the date he commenced officiating in the post of MMS-II as Manager on 10.12.1980 with further directions which are to the following effect:-

(2.) The aforesaid conclusions arrived at by the learned Single Judge are under challenge in this appeal on which we have heard the learned counsel appearing for the parties. Counsel appearing for the appellant has submitted that the learned Single Judge was not justified in directing in giving the benefit of MMS-II with effect from 8.12.1980. It is submitted before us that the case of the respondent cannot be said to be governed by the decision of the case in S. Sai Nathan Vs. The Deputy General Manager(Personnel), New Bank of India and others in W.P. No.14725/1984 wherein the Andhra Pradesh High Court has passed orders directing for giving seniority to Mr. S. Sai Nathan in the cadre of Middle Management Scale Grade-II with effect from 8.12.1980. It was submitted by the learned counsel appearing for the appellant that the case of the respondent herein would be governed by the decision of the Supreme Court in Civil Appeal No.4223/1994 titled as K.B. Sharma Vs. Union of India which was disposed of on 28.1.1998 and not by the case of S. Sai Nathan(supra).

(3.) The appellants themselves had considered the case of the respondent for giving him appropriate seniority position and while doing so they had given seniority position to the respondent in the aforesaid MMS-II grade effective from 1.1.1983. Subsequently, however, on the basis of a representation submitted by the respondent for giving him the benefit of MMS-II with effect from 8.12.1980, the appellant had given seniority benefit to the respondent in the MMS-II grade effective from 22.5.1981. It is admitted by the appellant that Mr.Mandody, a junior to the respondent was promoted to the said grade on 22nd May, 1981.