ALLADIN KHAN Vs. MORENA MANDAL SAHAKARI SHAKKAR KARKHANA

JUDGEMENT

(1.) These Letters Patent Appeals are directed against the orders passed by a learned single Judge of this Court dismissing the writ petitions, filed by the petitioners/appellants, by a common order. Taking into consideration the fact that the controversy raised in these appeals is identical in nature, these appeals are being disposed of by a common order.

(2.) We have heard the learned counsel for the appellants as well as the learned counsel representing the contesting respondent, and have carefully perused the record.

(3.) The facts in brief, shorn of details and necessary for the disposal of these appeals lie in a narrow compass. The petitioner appellant, Ramswaroop Shakya of Writ Petition No. 872 of 1988, giving rise to the Letters Patent Appeal No- 250 of 1996, is an employee of the Morena Mandal Sahakari Sakkar Karkhana Ltd., Kailaras, district Morena, which is a registered society under the M.P. Co-operative Societies Act, 1960. He felt aggrieved by the order passed in the year 1985 granting promotions to respondent Nos. 2. 3 and 4. He had prayed for a writ of mandamus requiring the respondent-society to implement the policy of the State Government as disclosed in its circular dated 21st June, 1973 providing for a reservation in the matter relating to filling up of the vacancies in the posts falling in Class I, Class II and Class III at the State level specifying the reservation of Harijan to be 15% as against the posts falling in Class I and Class II and to Adiwasis to the extent of 18% for the aforesaid categories of posts and reservation to the extent of 16% for Harijan for the posts falling in categories of Class III and Class IV and for Adiwasis to the extent of 20% for the posts falling in those categories. Vide the circular issued by the State Government dated 18th October, 1973 the benefits in regard to reservation contemplated under the circular dated 21st June, 1973 were extended to public sector undertakings and local bodies etc. The petitioner further prayed for a direction requiring the respondent-society to consider his case for appointment as against a regular post of Lower Division Clerk and for his promotion on the post of Upper Division Clerk, seeking quashing of the orders passed in favour of respondent Nos. 2 to 4 granting them promotions. The writ petition was filed on 20.7.1983.