N P TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution relates to the integration of Deputy Collectors and equivalent officers serving in different units of the State of Madhya Pradesh prior to 1st November 1956. The petitioners were Extra-Assistant Commissioners in Mahakoshal region of the erstwhile State of Madhya Pradesh. The petitioners were promotees and were working in officiating capacity. The post of Extra-Assistant commissioner is equivalent to the post of Deputy Collector. Respondents 3 to 29 also belong to the Mahakoshal region of the erstwhile Slate of Madhya pradesh where they were serving as probationer Extra-Assistant Commissioners. These respondents were directly recruited. Respondents 30 to 38 were probationer Deputy Collectors in the erstwhile State of Madhya Bharat These respondents were directly recruited. Respondents 39 to 41 were officiating Deputy Collectors in the Madhya Bharat region. They are promotees. Respondents 42 to 43 were probationer Deputy Collectors in the Vindhya Pradesh region. They are direct recruits. Respondents 44 to 52 were officiating deputy Collectors in the Vindhya Pradesh region. They are promotees. Consequent upon the formation of the new State of Madhya Pradesh, the work of integration of services was taken up by the State Government in pursuance of directions of the Central Government under section 115 of the States Reorganisation Act, 1956. The posts of Extra-Assistant Commissioners in Mahakoshal were equated with the posts of Deputy Collectors in Madhya Bharat and Vindhya Pradesh regions. In the matter of determining relative seniority, the following principles were laid down:

(2.) BY notification dated 22nd November 1958, published in the Gazette of even date, the State Government published provisional combined gradation list of Extra-Assistant Commissioners and Deputy Collectors (Annexure II ). This list, however, contained only the names of confirmed Extra-Assittant commissioners and Deputy Collectors and probationer Extra-Assistant Commissioners and Deputy Collectors who were directly recruited. Objections were invited from Government servants adversely affected by the provisional decisions taken in formulating the list. By another notification dated 8th August 1959, published in the Gazette dated 10th August 1959 (Annexure III), (he state Government published another provisional combined gradation list of extra Assistant Commissioners and Deputy Collectors. This list related to the officiating Extra Assistant Commissioners and Deputy Collectors who were promotees. It appears that the Central Government took objection that there should not have been a separate list for officiating officers and that a combined list should have been prepared for all categories of officers, i. e. probationer and officiating, on the principles that the relative seniority will be determined according to the length of continuous officiation but without affecting inter se seniority of the parent unit. The State Government met the objection by saying that preparation of a unified list would entail lot of expenses and time and that the purpose would be served by adding suitable foot-note to the list of officiating officers. In view of this, the following foot-note was added to the provisional combined gradation list of officiating Extra-Assistant Commissioners and Deputy Collectors :

(3.) BY order dated 9th August 1965, the State Government prepared a list determining the seniority of Deputy Collectors who were either probationers or officiating on 1st November 1956 and who were subsequently confirmed as deputy Collectors. This is Annexure IX and for brevity it will be referred to as the 1965 list.