Decided on July 21,1969



- (1.) THIS is a petition under Article 226 of the Constitution to call up and quash by certiorari three orders: (i) one dated 15 May 1963 by which the State Government provisionally absorbed the petitioner as from 1 November 1956, on a post borne on the cadre of Overseers Electrical/mechanical for purposes of the Unification of pay Scales and Fixation of Pay on Absorption Rules, 1959; (ii) another dated 1 april, 1964 by which the petitioner was intimated that the Central Government had rejected his representation dated 29 December, 1961 against the provisional combined gradation list and (iii) the third dated 4 June, 1965 by which the gradation list was made final as published in the M. P. Rajpatra Extraordinary dated 18 June, 1965. The petitioner has further claimed a writ of mandamus or any other suitable writ or order directing that the post formerly held by him in the erstwhile State of Bhopal be equated with posts higher than those held by overseers and his pay scale be refixed accordingly.
(2.) THE facts giving rise to this petition may be shortly stated. Immediately before 1 November, 1956, when the main provisions of the States Reorganisation Act, 1956, (hereinafter called the Act) came into force, the petitioner was employed as a confirmed Superintendent (Mechanical) in the permanent establishment of the public Works Department of the erstwhile Part C State of Bhopal. In accordance with the provisions of Sections 115 (1) and 116 (1) of the Act, he was deemed to have been allotted to the new State of Madhya Pradesh and was also likewise deemed to have been appointed in that State to the same post which he continued to hold till June 1963.
(3.) BY a notification No. 6057-4188-XIX-E, dated 30 September 1961, the State government published the provisional combined gradation list of Class III (Executive) posts in the Buildings and Roads and Irrigation Establishment of the public Works Department of the new State of Madhya Pradesh. In that notification, the principles formulated for equation of posts and also for determination of relative seniority for the purpose of effectuating integration of services of the various units of the new State were set out as follows: "i. In the matter of equation of posts: (i) where there were regularly constituted similar cadres in the different integrating units, the cadres will ordinarily be integrated on that basis; but (ii) where, however, there were no such similar cadres, the following factors will be taken into consideration in determining the question of posts-- (a) nature and duties of a post; (b) powers exercised by the officers holding a post, the extent of territorial or other charge held or responsibilities discharged; (c) the minimum qualifications, If any, prescribed for recruitment to the post; and (d) the salary of the post. II. In the matter of determining relative seniority:- (a) such seniority will be determined on the basis of the length of continuous service, whether temporary or permanent, in a particular cadre (excluding periods for which an appointment is held in a purely stop-gap or fortuitous arrangement); provided that the inter se seniority of Government servants drawn from the same unit will not ordinarily be disturbed; and (b) other factors being equal, seniority will be determined on the basis of age. ";

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