MADAN MOHAN GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition by as many as 15 petitioners, who are Sales tax Inspectors, is heard along with Misc. Petition No. 503 of 1982 (Devdutta v. Chief Secretary and others) wherein another bunch of 10 petitioners has challenged the seniority list, the confirmation order and have also prayed for a direction from this Court, to respondents 1, 2, 3 to determine their seniority on the basis of the instructions contained in Annexures F-1 to F-3. As determination of similar questions is involved in both petitions their subject matter being essentially same they are taken up together, and disposed of by a common order.

(2.) PETITIONERS in this petition rely on the service rules known as madhya Pradesh Sales Tax Subordinate Class II, Executive Service Recruitment Rules, 1966 (hereinafter referred to as 'the Recruitment Rules') which have been framed under Article 309 of the Constitution of India and have come into force from 14-4-1967. Rule 7 of the Recruitment Rules provides for method of recruitment to the service after commencement of the said rules. The rule is reproduced hereunder for ready reference:

(3.) THE petitioners' contention is that even prior to the coming into force of these rules they were holding the posts of Sales Tax Inspectors on being selected by the State Public Service Commission before being appointed as such. They were confirmed in service on and from the date mentioned against their names in Annexure A, which is reproduced hereunder:- <FRM>JUDGEMENT_533_MPLJ_1985Html1.htm</FRM> It will thus be seen that the last, in the list of these petitioners was appointed on 9-2-1966 i. e. more than a year before the rules came into force on 14-4-1967.