A K SHRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE factual matrix and the question of law involved being similar, this petition and the following petitions were heard analogously and are being disposed of by this common order. (i) W. P. No. 3525/2001 (Sanjay Kumar Mishra and Ors. v. State of M. P. and Ors.) (ii) W. P. No. 3531/2001 (M. P. High Court Bar Association, Jabalpur and Anr. v. Union of India and Ors.) (iii) W. P. No. 3551/2001 (Kamal Joshi and Ors. v. State of M. P. and Ors.) (iv) W. P. No. 3554/2001 (Nemi Chand Nema and Ors. v. State of M. P. and Ors.) (v) W. P. No. 3597/2001 (Madhya Pradesh Class-III Government Association v. Union of India and Ors.) (vi) W. P. No. 4129/2001 (Madhya Pradesh Class-III Government Employees Association and Ors. v. State of Madhya Pradesh and Ors. ).

(2.) THESE petitions under Articles 226 and 227 of the Constitution of India have been filed to quash the following:--

(3.) THE petitioners have also challenged the constitutional validity of Section 74 of the Madhya Pradesh Reorganisation Act, 2000 (for short 'the Act of 2000' ). In the alternative it has been prayed that if the aforesaid reliefs are not granted then it be declared that the Chairman, Vice-Chairman, Members, Officers and Employees of the Tribunal are entitled to full compensation for the unexpired period of tenure including full salary and counting of unexpired portion for pension, gratuity, leave encashment and also solatium striking down Section 74 (2 and 3) of the Act of 2000 as ultra vires of the Constitution. It has also been prayed that the State of Madhya Pradesh be directed to absorb the employees of the Tribunal in other departments of the State with continuity in service and with the seniority from the date of their initial appointments. The relief claimed in Clause (D) of para 6 of the petition in W. P. No. 4129/2001 has not been pressed at this stage with permission to raise it separately.