- (1.) CIVIL APPEAL NO. 7717 OF 1994 This is a third round of litigation whereby a challenge to the seniority list of the Sales Tax Inspectors in the Sales Tax Department, Maharashtra, was made by promotees/departmental candidates (for short the promotees) against the direct recruits in respect of their placement in the seniority list. These two civil appeals in strict sense cannot be said to be connected involving identical questions of inter se seniority save and except that they relate to the fixation of seniority of the Sales Tax Inspectors in their cadre in the Sales Tax Department of Maharashtra. Civil Appeal No. 7717 of 1994 is filed by the Maharashtra Vikrikar Karamchari Sangathan, the appellant (for short the promotees) assailing the legality and corrctness of the judgment and order dated 23rd March, 1994 passed by the Maharashtra Administrative Tribunal, Bombay Bench in Original Application No. 690-A of 1993 (for short O.A.). This O.A. was filed by the promotees challenging the correctness of the final seniority list notified and published on 28th December, 1992 and amended on 29th October, 1993. This seniority list of Sales Tax Inspectors came to be prepared as on 31st of December, 1987. To be more precise, the dispute relates to the fixation of seniority of promotees and direct recruits for the block 1971 to 31st December, 1987. The Maharashtra Administrative Tribunal, Bombay Bench (for short MAT) dismissed the O.A. principally on the ground that the contentions raised therein are barred by principles of res judicata as well as constructive res judicata. However, with a view to avoid the remand, in case the higher Courts hold that the O.A. is not barred by the principles of res judicata or constructive res judicata, the MAT disposed of the controversy raised in O.A. on merits too.
(2.) Civil Appeal No. 6316 of 1997 is filed by the State of Maharashtra impugning the judgment and order dated 23rd February, 1989 rendered by the High Court of Bombay in Writ Petition No. 2742 of 1987. The dispute in this Civil Appeal pertains to the determination of seniority of Sales Tax Inspectors who were promoted (on absorption) from two different sources, namely, revenue department and Sales Tax Department, Bombay. The dispute thus in this civil appeal is confined to the inter se seniority of promotees from these two sources.
(3.) We may first deal with the Civil Appeal No. 7717 of 1994. The facts which are necessary for the disposal of the appeal may be stated briefly as under:- Prior to 6th September, 1971, the recruitment to the posts of Sales Tax Inspectors (for short STIs) was made through three sources, (1) by promotion from clerks, (2) by transfer from other departments and (3) by direct recruitment. Till this time, no quota was prescribed for these three different sources of recruitment. The seniority of all these three sets of STIs was determined pursuant to the general provisions relating to seniority contained in the government resolution dated July 29, 1963. ;