- (1.) This appeal and the other connected matters are a fond subject of dispute of seniority in the field of service law where usually complicated facts and accommodative laws bring out bewildering situations, and to add further complexities are the judicial pronouncements which at times help to resolve a conflict of interest, but at times also raise challenges that remain unchartered on account of the peculiarities of a case.
(2.) The present dispute is one such example, but with the able assistance of Sri Prashant Chandra learned senior counsel for the appellant State, Sri Asit Chaturvedi learned counsel for the private appellant, Sri Anil Tewari, learned senior counsel for the contesting respondent petitioners and Sri H.S. Jain Advocate, who pleaded vehemently with additional material for the respondents, Sri J.N. Mathur for the interveners with his written notes and last but not the least the hard labour of Sri Sudeep Seth Advocate for the State and Sri Apoorva Tewari for the private respondents, we have been able, to the best of our ability, rationalise the submissions and sifted the facts to reasonably attempt a resolution to this long drawn controversy.
(3.) The contribution of lawyers of eminence and products of real devoted labour was truly exhibited during the hearing which spread over five days. It is this opportunity we would have missed had we not fixed the matter for a rehearing inspite of having reserved judgment earlier. The erudite arguments laced with the best legal acumen are the efforts of those, who can be described through the title of Lord Wavell's anthology of poem's "Other Men's Flowers". Montaigne was quoted by him " I have gathered a posie of other men's flowers and nothing but the thread that binds them is my own." (Quoted from Lord Denning's preface in Leaves from Library). This is what we have tried to do by arranging them what we found that would do justice to the parties.;