AVINASH Vs. NAGPUR MUNICIPAL CORPORATION

JUDGEMENT

(1.) All these Writ Petitions were placed in a group for joint consideration along with Writ Petition Nos. 3795/1997, 667/1999 and 2244/2001. Writ Petition Nos. 3795/1999 and 667/1997 were heard first as per consent of the parties and have been decided vide judgment delivered on 25.11.2013, 03.12.2013 and 04.12.2013. Writ Petition No.2244/2001 has been decided thereafter on 13.12.2013. Controversy involved in all petitions was more or less the same, but, then there were some difference in facets to be looked into, However, all the learned counsel appearing in total group were present and heard on relevant issues, including the matters in which they were not appearing.

(2.) Writ Petition No. 1398/1999 is filed by a single petitioner who claims a relief of quashing the seniority list of Graduate Engineers (AE, GradeII) dated 06.02.1999, as violative of Article 14 of the Constitution of India. He claims that his name should be placed at Sr. No.10 in the said seniority list on the date of his joining service as Sectional Engineer. Writ Petition No.1630/1999 is filed by three persons who seek quashing of the seniority list prepared on the basis of educational qualification and seek a direction to their employer Nagpur Municipal Corporation to maintain a common seniority list on the basis of designations at the time of appointments.

(3.) As already observed by us above, all the learned Counsel were heard when earlier Writ Petitions were decided. In fact petitioner in Writ Petition No. 1592/1999 is respondent no.9 in Writ Petition No. 3795/1997 decided on 04.12.2013 . In Writ Petition No. 3795/1997, challenge was to a resolution dated 02.12.1997, whereby the Corporation had promoted Junior Engineers as Deputy Engineers. During the pendency of that petition, said resolution was implemented vide orders dated 01.01.1998. Prayer in the writ petition was to direct the Corporation to prepare a cadre wise seniority lists of Assistant Engineer (II) and Sectional Engineers independently, based upon the length of service on a particular post. In Writ Petition No. 667/1999, petitioners had sought a relief of declaration that action of Corporation in not following the resolution dated 05.10.1984 was illegal and it was not necessary to divide the single seniority list of cadre of Junior Engineers into cadres like Assistant Engineers (II) and Sectional Engineers. In Writ Petition No. 3795/1997 this Court has on 16.10.1998 passed the following order :