UTTAM GOROREY Vs. M P RAJYA KRISHI VIPNAN

JUDGEMENT

(1.) This petition is filed by the petitioners, two in number, claiming benefit of seniority over and above the respondents No.4 and 5, and consequential benefits of grant of promotion on the post of Section Officer.

(2.) Brief facts giving rise to filing of this petition are that the petitioners were engaged in the services of M.P. State Agriculture Marketing Board (hereinafter referred to as the Board for short) on contingency. There were Regulations made by the Board. In terms of the Regulation, it was decided to conduct a departmental examination to regularise the services of contingency employees. A test was held on 16.6.1985. Though the petitioners have cleared the departmental examination and regular appointment orders were required to be issued in their favour, it appears that the Board instead of acting on the said select list, decided to hold a second departmental examination. Such a second departmental examination was held on 15.12.1985 and the persons who had cleared the said examination were regularised. Consequently, the services of the petitioners were terminated from the Board. The petitioners therefore approached this Court by filing M.P.No.1061/1986 along with two other persons.

(3.) The said writ petition was contested by the respondents and the same came up for hearing before this Court on 10.3.1993. After hearing the learned counsel for the parties, this Court was of the opinion that the reasons assigned for not giving effect to the select list prepared by holding first selection and conducting a second departmental examination by the Board were not acceptable and in fact, the respondent Board was required to give effect to the select list of first departmental examination. The said writ petition was allowed with costs and the order of termination of the petitioners was quashed. The operative part of the order passed by this Court in the said writ petition in paras 8 and 9 is quoted herein below.-