P L ARGAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the constitution.

(2.) THE petitioner is a member of the Indian Forest Service in the State of Madhya Pradesh. He was appointed Assistant Conservator of Forest with effect from 1st April 1949 in the former State of Madhya Pradesh and was confirmed on that post with effect from 1st April 1952. He was promoted as deputy Conservator of Forest for the first time with effect from 26th December 1953 and confirmed on that post with effect from 1st November 1956. On the constitution of the Indian Forest Service he was appointed a member of that service and he is now a permanent member of the said service.

(3.) THE petitioner has a grievance regarding his seniority. His main contention is that he should have been assigned a position above respondents nos. 3 to 13 in the combined gradation list prepared under section 115 of the States Re-organisation Act, 1956 and published on 12th April 1962, in view of his total length of service as computed from the date of his appointment as Assistant Conservator of Forest and his confirmation on the said post with effect from 1-4-1952. He also challenges the fixation of seniority allotted to him in the unit gradation list by the former State of Madhya Pradesh before 1-11-1956. The petitioner submitted representations to the Government regarding his seniority ; but they were rejected. He has, therefore, filed this petition praying that the orders, dated 17-8-1971 and 27-8-1971, rejecting his representations regarding seniority vide Annexures J and K be quashed and the State Government be directed to consider his representations afresh and assign him proper seniority.