SUBHASH CHANDRA VYAS Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition was filed as Original Application before the M.P. Administrative Tribunal, Bhopal and has come before this Court after the closure of the Tribunal and has been registered as Writ Petition.

(2.) The main grievance of the petitioner is that despite his selection by the M.P. Public Service Commission for appointment on the post of Assistant Engineer, he has not been assigned seniority from the date of his selection by the M.P. Public Service Commission, on the post of Assistant Engineer (Civil) in Water Resources Department and has been granted the seniority from the date, his adhoc appointment was regularised. It is contended by the petitioner that such a fixation of seniority is de hors the law laid down by the Apex Court. Further, it is contended that since there was a condition mentioned in the initial order of appointment that an adhoc appointee is required to appear in the selection to be held by the M.P. Public Service Commission on the first occasion and only after his selection, his appointment would be regularised and yet the petitioner has successfully passed the selection conducted by the M.P. Public Service Commission, but he has not been given the seniority from the initial date of appointment. After filing of the writ petition, the relief claimed in the writ petition was amended on account of the fact that the select list of the M.P. Public Service Commission in which the petitioner was also one of the selectee was challenged before this Court and the said select list was quashed, but in appeal to the Apex Court by some of the selectees, the order of this Court was set aside, matter was sent back for reconsideration after impleading all the selectees as party and the matter was decided by the Tribunal, which was constituted in between the period of litigation. Against the order of theTribunal, the writ petition was filed before this Court by the M.P. Public Service Commission and some of the selected candidates. The said writ petition was decided in the year 2006 and directions were given to give effect to the select list prepared by the M.P. Public Service Commission and to refix the seniority of those selected candidates by the M.P. Public Service Commission. In any case, if the petitioner was not to be given the seniority from the initial date of adhoc appointment, at least he was entitled to be granted the seniority from the date, the selection was made by the M.P. Public Service Commission, but this too was not done on account of which the petitioner has suffered the loss of promotion and other consequential benefits of such seniority. In view of the aforesaid, the petitioner claims the similar benefits as were extended by the Division Bench of this Court.

(3.) Briefly the claim of the petitioner is that there were certain vacancies on the post of Assistant Engineer which were required to be filled in. The selection process was conducted by the department as looking to the emergent need of the Assistant Engineers, it was not possible to make selection through the M.P. Public Service Commission, which naturally would have taken much time. All this was done with the consent of the State department and thereafter the order of appointment was issued in respect of duly selected candidates, appointing them on adhoc basis on the post of Assistant Engineer in the pay scale of Rs.425-900. A condition was specifically mentioned that the adhoc appointment is made only till the selection is made by the M.P. Public Service Commission. All such adhoc appointees would be entitled to take part in the selection to be held by the M.P. Public Service Commission. Only after selection by the M.P. Public Service Commission, the order of appointment would be issued on regular basis. The name of the petitioner was mentioned at Serial No.16 of the order aforesaid. It is the case of the petitioner that the recruitment process was started by the M.P. Public Service Commission in the year 1980-1981. After completion of recruitment, a select list was prepared and published in which the petitioner was also included as a selected candidate, under the category of Scheduled Caste. However, the select list was challenged in a writ petition before this Court and the said writ petition was allowed by this court. The selectees have approached the Apex Court by filing a Civil Appeal No.2255/1985. The Apex Court has set aside the order of this Court on the ground that the persons who were necessary party, had not been impleaded as party before the Court and, accordingly, the matter was remanded to the High Court. Since the Administrative Tribunals Act, 1985 came into force and a Tribunal was constituted on 2.8.1988 by the Notification, pursuance to the provisions of Section 29 of the aforesaid enactment, the said petition came on transfer to the Tribunal. In between pendency of this litigation, the State Government under the policy made for regularisation of adhoc appointment, regularised the services of the petitioner and passed the order in the year 1985. Again the name of the petitioner was mentioned at Serial No.255 of the said order dated 5.6.1985.