V.P. SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against 'the Judgment of the Madhya Pradesh Administrative Tribunal dated 24th July, 1992 in Original Application No. 894 of 1988. The appellants are the direct recruits as Assistant Director of Industries, they having been appointed on 29.9.1980 through the process of selection conducted by the Public Service Commission. The respondents are the ad -hoc promotees to the post of Assistant Director, they having been promoted on 27.9.1980. The inter se seniority between these two groups of appointees is the subject matter, of controversy in this appeal.

(3.) THOUGH the principle has been authoritatively laid down by Constitution Bench of this Court in the case of Director Recruit Class II Engineering Officers Association and ors. v. State of Maharashtra and Ors., reported in 1990 (2) SCR, 900, commonly called the Direct Recruits Case, but yet very often the High Courts and the Administrative Tribunals have been committing the mistake in applying ratio of this case. In the case in hand the Administrative Tribunal has failed to apply the ratio laid down in Direct Recruits Case and as such has committed an error.