SHIVRAJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal), Adhiniyam, 2005, against the common judgment and order dated 28.2.2006 passed by the learned Single Judge in WP No.3422/1997 and WP No.3756/1998.

(2.) The facts briefly are stated that the appellants were appointed in April 1984 as Sub Engineers in the Town Improvement Trust, Rewa. The respondent No. 3 was appointed by order dated 22.2.1984 as Sub Engineer in the Special Area Development Authority, Singrouli. Thereafter the respondent No.3 was transferred to the Town Improvement Trust, Rewa, in the year 1987. With effect from 1.8.1994, the Town Improvement Trust, Rewa, was abolished by a State Act known as Madhya Pradesh Nagar Sudar Nyas (Nirasan) Adhiniyam, 1994. The work of the erst-while Town Improvement Trust, Rewa, was taken over by the Municipal Corporation, Rewa and the appellants and the respondent No.3 continued to work as Sub-Engineers in the Municipal Corporation, Rewa. By order dated 28.6.1995 the services of the respondent No.3 were absorbed in the Municipal Corporation, Rewa, but when representations were filed by the appellants against the absorption of respondent No.3, the State Government cancelled the order dated 28.6.1995 by order dated 17.7.1995. However, the State Government cancelled its order dated 17.7.1995 by order dated 27.7.1998. By the order dated 27.7.1998 therefore the respondent No.3 was to continue as employee of the Municipal Corporation, Rewa. Aggrieved, the appellants filed WP No. 3756/1998 before this Court under Article 226 of the Constitution of India and prayed inter alia for quashing the order dated 27.7.1998.

(3.) Before the learned Single Judge who heard the Writ Petition No.3756/1998, the appellants contended that in case the respondent No.3 was treated as absorbed in the services of the Municipal Corporation, Rewa and his seniority is counted from the date of his initial appointment, the appellants will suffer grave prejudice. The learned Single Judge by the impugned judgment and order dated 28.2.2006 held that the absorption of the respondent No.3 in the services of the Municipal Corporation, Rewa, had attained finality and as such, there is no illegality in his absorption. The learned Single Judge further held in the impugned judgment and order relying on the decision of the Supreme Court in Tamil Nadu Khadi and Village Industries Board Vs. M.S. Krishnaswamy and others (AIR 2001 SC 2761) that the seniority of the appellants and the respondent No.3 should be reckoned from their initial dates of appointments and accordingly, he directed the respondents No. 1 and 2 draw up a fresh seniority list in the post of Sub Engineers and consequently in the post of Assistant Engineers counting their seniority from the dates of their appointments. Aggrieved by the judgment and order dated 28.2.2006 of the learned Single Judge in WP No.3756/1998, the appellants have filed this appeal.