R.S. CHOURASIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE orders passed in present appeal shall govern the final disposal of W.A. No. 784/2007 and W.A. No. 785/2007, as common question of law is involved in these Writ Appeals, which are filed under section 2 of Madhya Pradesh, Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against a common order passed by learned Single Judge in W.P. No. 4643/2007(S), W.P. No. 4645/2007 (S) and W.P. No. 4730/2007(S) on 16 -4 -2007 whereby the challenge put forth by the Appellants/Petitioners against the allocation of their services to newly constituted State of Chhattisgarh has been negatived.

(2.) THE brief facts common to all the cases are that the Appellants are Rural Agriculture Extension Officer (For short RAEO) engaged in the erstwhile State of Madhya Pradesh respectively w.e.f. 7 -9 -1987, 18 -9 -1987 and 19 -10 -1987 in the Department of Agriculture in grade Rs. 4000 -6000/ -. There exist a Kramonnati grade of Rs. 4500 -7000/ - which is granted on completion of 12 year of service in lower grade of Rs. 4000 -6000/ -. Pertinent it will be to note, that the Appellants were granted this benefit of Kramonnati prior to 23 -9 -2000. That year 2000 witnessed the bifurcation of the State of Madhya Pradesh when a new State of Chhattisgrah was carved out by virtue of M.P. Reorganisation Act, 2000; whereunder, besides other things, provisions were made for allocation of 26.23% post, along with the employees, to the State of Chhattisgarh. Section 68(2) of the Act of 2000 empowered the Central Government to frame Rules to facilitate the implementation of the provisions of Act of 2000. The broad principle of allocation inter -alia included allocation first by options, followed by Domicile (Home District) and lastly by inclusion of junior most personnel in the reverse order of seniority i.e. if the number of posts allocated to the successor State of Chhattisagarh was more than the total number of officer and Domicile (Home District) then people lower down in the seniority position in the cadre were considered for allocation even against their options, in order to fill up the balance posts.

(3.) THE Appellants/Petitioners being the beneficiary of Kramonant Pay Scale of Rs. 4500 -7000/ - formed a separate group under clause 6(4) of the Notification dated 22 -3 -2001 and since they were placed lower in the list, their services were allocated to the State of Chhattisgarh.