BAL MUKUND PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS order would also govern the fate of W. P. Nos. 8613, 8614, 8619, 8621, 8622, 8626, 8627, 8628, 8630, 8631, 8633, 8634, 8635, 8636, 8637, 8639, 8640, 8641, 8642, 8648, 8649, 8654, 8655, 8656, 8657, 8659, 8660, 8661, 8662, 8663, 8664, 8665, 8669, 8670, 8671, 8678, 8682, 8726, 8727, 8730, 8734, 8737, 8742, 8744, 8745, 8748, 8775, 8782, 8701, 8702, 8703, 8704, 8714, 8717, 8688, 8758 and 8693 of 2003 since a common question is involved in all these writ petitions, they are being disposed of by this common order.

(2.) IN this batch of petitions, the petitioners who are serving on the post of Assistant Teachers, are challenging the gradation list as circulated vide memo dated 22 -1 -1993 (Annexure A/6) issued by Regional Dy. Commissioner Scheduled Tribe/Scheduled Caste, Regional Development Authority with a further prayer to quash the entire showing the position of Assistant Teachers working in the said department as on 1 -4 -1992. A further prayer has been made to direct respondents to prepare a proper and correct gradation list as per the provisions of M.P. Tribal Welfare Subordinate Class HI Non -Ministerial Rule 1970 (hereinafter referred to as 'the Rules') and to place proper placement of the petitioners in the said gradation list. Apart from these reliefs, it has further been prayed that order dated 23 -12 -1993 passed by respondent No. 3 be quashed by which objections submitted, in regard to final gradation list, were rejected. It has also been sought that petitioners/employees who are serving on the post of Upper Division Teacher may allow to work on the said post.

(3.) UNDER Rule 10 of the said Rules, there is a provision to prepare gradation list and as per this rule, a gradation list would be maintained for each Government servant which shall be arranged in order of seniority. Rule 12 pertains to constitution of Committee which shall be constituted in terms of Schedule IV for the purpose of preliminary selection for promotion of eligible candidates. Thereafter Rule 13 says about the condition of eligibility of promotions. As per petitioners, the seniority of directly recruited Government servant appointed on probation is to be counted during his probation from the date of his appointment. Thereafter, by an amendment made in the year 1961, in the rules and according to which the inter se seniority would be maintained on the confirmation of such direct recruits, if the confirmation is ordered at the end of normal period of probation. Thus, according to the petitioners, the seniority of Assistant Teachers directly recruited is to be counted from the date of order of appointment and the names of the persons in the seniority list were required to be arranged in the order of merits mentioned in the order of appointment.