V.K. JAIN Vs. SLKATE OF M.P.

JUDGEMENT

(1.) THE petitioners who are at present working as Deputy Rangers, have filed this petition claiming notional seniority from 21 -5 -1987 on the post of Deputy Ranger along with Shri B. D. Baiswar and others appointed along with them as foresters and for quashing order dated 25 -2 -2003 changing their seniority. They have also prayed for a direction that they be considered for promotion on the post of Rangers by counting their seniority on the post of Deputy Rangers from 21 -5 -1987 in accordance with the previous order dated 1 -6 -2000.

(2.) THE facts in brief which are necessary for the decision of the present petition are that the petitioners along with several other persons were appointed as Foresters vide order dated 4 -11 -1974, 5 -11 -1974 and 7 -11 -1974 and posted in Jabalpur Circle after having completed training in Foresters Training School. As some persons who had been appointed along with the petitioners were promoted as Deputy Rangers ignoring the claim of the petitioners and others in 1987, Shri B. D. Baiswar and others, who had been appointed along with the petitioners filed a petition before the Tribunal which was registered as TA No. 843/88. This petition was allowed vide order dated 2 -11 -1998 and the claim for seniority and promotion was allowed with a direction to the respondents to constitute a review DPC and consider their cases. The petitioners being similarly situated filed a petition claiming similar relief before the Tribunal which was registered as OA No. 3275/99. On the abolition of the Tribunal, the petition was transferred to this Court and was registered as W.P. No. 14392/03. During the pendency of the petition, the respondents issued order dated 1 -6 -2000 allowing the petitioners claim by fixing their seniority on the post of Deputy Rangers with retrospective effect from 21 -5 -1987. However, this order was subsequently cancelled by the respondents vide the impugned order dated 25 -2 -2003 which has been assailed by the petitioners in the present petition. In view of the subsequent events, this Court vide order dated 15 -3 -2005 passed in W.P. No. 14392/03 dismissed the first petition filed by the petitioners as infructuous with the liberty to ventilate their grievance in the present petition which has been filed by the petitioners assailing the order dated 25 -2 -2003, in the following terms:

(3.) BEFORE , I advert to the merit of the rival submissions made by the learned counsels appearing for the parties, it is thought appropriate to chronologically analyse the sequence of events which have occurred during the pendency of the various cases so as to properly appreciate the rival submissions of the parties. As a first, it would be appropriate to consider the details relating to the appointment, confirmation and promotion in respect of the petitioners, the respondents in W.P. No. 15405/05 (s) and the persons who were appointed along with the petitioner and with whom they are claiming parity. The details are as under: