Anupinder Singh Grewal, J. - (1.) THESE special appeals arising out of the common order dated 19.09.2013 passed by the Single Bench are being decided by this judgment. The appellants were respondents in the writ petitions and some of the appellants were not party to the writ petition but they have also preferred the appeals as they are stated to be adversely effected by the judgment.
(2.) THESE intra court appeals are directed against the order of the Single Bench dated 19.09.2013 whereby the writ petitions preferred by the respondents herein were allowed and the seniority list dated 12.12.2006 as well as the consequential orders of promotion in pursuance to this seniority list were set aside. The question which arises for adjudication in the instant appeals is whether the inter se seniority vis   -vis erstwhile employees of the Avas Vikas Sansthan (hereinafter referred to as 'the AVS') on their appointment in the Jaipur Development Authority (hereinafter referred to as 'the JDA') could be determined on the basis of their inter se seniority in the AVS or on the basis of date of joining in the JDA.
(3.) IN the year 1989, the AVS was constituted and registered as a society under the Societies Registration Act, 1860. The appellants as well as the respondents, after obtaining the qualification of Bachelor of Engineering, were appointed as Assistant Engineer in the AVS. However, the operations of AVS were financially unviable and it began to incur heavy losses which even prevented it from timely payment of salary to the employees after 01.12.1998. The State Government decided to dissolve the AVS vide Resolution dated 26.03.1999. The State Government, in order to mitigate the hardship of the employees of the AVS who would have been rendered unemployed, decided to adjust them against the vacant posts in other bodies of the State Government. After the decision of the Cabinet, the Chief Secretary issued a Cabinet memo on 10.03.1999 to the effect that the employees of the AVS will be absorbed/adjusted in the JDA and other local self government organizations.;