AK CHOUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, against the order dated 20.7.2006 passed by a learned Single Judge in W.P. No.63/2003 whereby the order dated 17.7.2003 Annexure P/10 issued by the respondent No.1 was quashed.

(2.) There is a dispute of inter-se seniority between the direct recruits and promotees of finance services of the State. Their services are governed by Madhya Pradesh Accounts Services (Conditions of Services) Rules, 1965 (hereinafter referred to as '1965 Rules'). The Cadre consists of three grades i.e. Junior Scale, Senior Scale and Selection Grade. The number of posts is increased from time to time by amending the rules. In Junior Scale ratio ofdirect recruits and promotees is 1:1. Fifty percent posts are earmarked for direct recruits and for promotees each.

(3.) Seniority list showing the position as on 1.4.1995 was challenged before the Madhya Pradesh State Administrative Tribunal (hereinafter referred to as 'Tribunal') in O.A. No.954/1997. Vide order dated 20.7.2000 (Annexure A/1), the Department was directed to undertake the exercise of confirming the direct recruits as well as promotees as per the rules. In accordance with the provisions of Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter referred to as '1961 Rules'), on 14.9.2000 (Annexure P/7) a list of confirmation of 81 promotees was issued. To give effect to the directions of the Tribunal, a five member High Power Committee comprising of Senior Secretary of Finance Department headed by Chairman, M.P. Public Service Commission was constituted.