M L JINESH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, M. L. Jinesh, an Assistant Superintendent in the Printing and stationery Department of the Government of Madhya Pradesh, has filed this petition under Articles 226 and 227 of the Constitution for an appropriate writ, direction or order, including writs of certiorari for quashing the Madhya Pradesh general Administration (Integration) Department Notification No. 1946-500-Integ. , dated 26th May 1960 publishing the Final Gradation List of the establishment of printing and Stationery Department, and Notification No. 9525-4817-VII-Estt-64 dated 8th September 1964, integrating Assistant Superintendents of Bhopal region in an Isolated category, below in the list of Assistant Superintendents, for a writ of mandamus directing the Government to revise its list by equating him with other Assistant Superintendents drawn from other units and placing him at his appropriate place in the said list, keeping in view of the length of his service.

(2.) THE material facts are that the petitioner and one R. P. Beri were serving as assistant Superintendents in Bhopal region, on the appointed date, and they were allocated to the new State of Madhya Pradesh, under Section 115 (1) of the States reorganisation Act, 1956 (Act No. XXXVII of 19561, w. e. f. 1st November 1956. The post of Assistant Superintendents of Bhopal unit was a non-gazetted post in a scale of Rs. 175-300. There was a similarly constituted cadre of Assistant superintendents in old Mahakoshal region, i. e. , non-gazetted with a similar scale, but no officers from that region opted for service to the new State of Madhya pradesh. and, therefore, the cadre of Assistant Superintendents in Mahakoshal region could not be taken as a norm for preparation of the combined gradation list. The post of Assistant Superintendent in Madhya Bharat region was a gazetted post in a higher scale of Rs. 250-450, while that of Assistant Superintendent in vindhya Pradesh although non-gazetted, was also carried in a higher scale of Rs. 225-500. After formation of the new State of Madhya Pradesh, the work of integration of services of officers drawn from all the four integrating units, was undertaken. By General Administration (Integ.) Deptt. Notification No. 3221-578vii (Integ.) dated 27th August 1958, the Government published a provisional gradation list of the Printing and Stationery establishment of the Revenue department. The Assistant Superintendents of M. B. unit were shown in an isolated category and their inter se seniority was provisionally determined. The assistant Superintendents from Bhopal unit were not shown in this list. The petitioner, accordingly, made a representation dated 24th September 1958 to the central Government against the omission of his name from the provisional gradation list seeking equation of his post with the gazetted officers of the establishment In the meanwhile, the Government of Madhya Pradesh by General administration (Integ.) Deptt. Memo No. 1946-500-Integ. dated 26th May 1960, published a final gradation list of the gazetted Government servants of the revenue Department, in which apart from officers from Vindhya Pradesh unit (officers from M. B. Unit--sic) were also included, but the Assistant superintendents from Bhopal region were left out. The petitioner's representation dated 24th September 1958 was rejected by the Government of India, in consultation with the Central Advisory Committee, and their decision was conveyed to him by GAD Integ.) Memo No. 1694/219a-Integ. dated 19th May 1951. Thereafter the Government in the Revenue Department by Notification No. 4866-1929- VII-Estt /integ. , dated 1st July 1961, provisionally decided to place the Assistant Superintendents from Bhopal unit in an isolated category below the gazetted officers, and determined their inter se seniority, inviting representations under Section 115 (5) of the States Reorganisation Act. The petitioner, accordingly, made a representation dated 7th September 1961, but the same was rejected by the Government of India in consultation with the Central Advisory Committee vide Rev. (Estt.) Deptt. Memo No. 23379/vii/estt. 64, dated 10th July 1964. Thereafter, the Government by the Rev. Deptt. Notification No. 9525-4817-VIIEstt-64, dated 8th September 1964, published a Final (Supplementary) Gradation list of Class III (Executive) Service of the Printing and Stationery establishment, relating to Assistant Superintendents from Bhopal unit treating them under an isolated category and determining their inter se seniority. This was in accordance with the provisional Combined Gradation List I previously published. The petitioner appears to have made a representation against the Final gradation list, but the same was withheld by the State Government as nothing new was brought out. It would thus appear that Assistant Superintendents of Bhopal unit were treated as belonging to a category of their own, being carried in scale of Rs. 175-300, which was lower than the scale of pay drawn by Assistant Superintendents of Madhya bharat and Vindhya Pradesh regions before the appointed date. The Government, however, tried to soften the rigour by creating 2 supernumerary posts of two assistant Superintendents (Non-gazetted), for the period from 1st November 1956 onwards, and prescribed a revised scale of Rs. 190-315 for them. Although, the petitioner was not eligible for absorption on the higher post of Assistant superintendents (Gazetted) of the new set up, nevertheless, he was first absorbed in the post of Assistant Superintendent (Non-gazetted) in the new State of Madhya pradesh and thereafter, he was promoted to the post of Assistant Superintendent (Gazetted) in the new State. The petitioner is now holding an equivalent post as the officers allocated from other regions, although his appointment for the present, is in an officiating capacity.

(3.) THE only grievance that is now made is that the petitioner should have been equated with Assistant Superintendents drawn from Madhya Bharat unit and that he should have been placed above Shri W. D. Sawant in the Final gradation list. It is said that in other Departments as well, certain categories of posts were classified as Class III (Executive) in some constituent units and the same or similar categories of the post were classified as 'non-gazetted' or 'class IV services in other units. In order that the claim of Government servants holding the same or similar posts in all units should be dealt with fairly and equitably, irrespective of designation and classifications of posts in different units, the Government had decided that classification as in vogue in old Madhya Pradesh, immediately before the appointed date, should be adopted as the norm for the purpose of preparation of Combined Gradation List. This practice was followed elsewhere, i. e. , to prepare a common gradation list for each cadre/sub-cadres of old Madhya Pradesh and for cadres/ sub-cadres which were the same or fairly comparable thereto in other units, and, if in any unit there were no regularly constituted cadres to apply the principles in para l (ii) of the General Principles set out below. It was, therefore, urged that since posts of Assistant Superintendents were classified as Class III (Executive) in the old Madhya Pradesh, immediately before the appointed date, a combined Gradation Last of Assistant Superintendents in all the units should have been prepared accordingly, and there was no basis for any departure from this practice, in the case of Printing and Stationery establishment of the Revenue Department. It was also urged that, if the cadre of Assistant Superintendents in the old Madhya Pradesh could not be adopted as the norm for preparation of combined gradation list, there was no justification for not adhering to the principles laid down in para 1 (ii) below. We are not impressed with any of these contentions for reasons which we shall presently state.