STATE OF M.P. Vs. K.M.MISHRA

JUDGEMENT

(1.) APPELLANT State of Madha Pradesh has preferred this writ appeal assailing the order dated 1.11.2007 passed by the Single Bench of this Court in

(2.) Writ Petition No. 189/2003 whereby the learned writ Court has allowed the writ petition filed by the present respondents giving them benefit of past service rendered by the writ petitioners in Panchayat and Social Welfare Department from the date of their initial appointment and directing the present appellant to assign them proper seniority accordingly.

(3.) THE contention raised by Shri Vivek Khedkar, learned Government Advocate appearing for the appellants State is that in view of rule 12(3)(c) of the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 since the writ petitioners were surplus employees, their seniority can be assigned only from the date of their absorption and not from the date of their initial appointment. Rule 12(3)(c) of the aforesaid Rules reads as under :