Special Leave Petition (C) No.3009 Of 2009 [Along With The Record Of Slp(C) No. 25083/2009] With Special Leave Petition (C) Nos. 3029-3031 Of 2009, Special Leave Petition (C) No. 30579 Of 2009. Case: 1. Rajesh Kagra & Ors., 2. Sanjay Khande & Ors., 3. R.L. Bhartiya Vs State Of M.P. & Ors.. Supreme Court (India)

Case NumberSpecial Leave Petition (C) No.3009 Of 2009 [Along With The Record Of Slp(C) No. 25083/2009] With Special Leave Petition (C) Nos. 3029-3031 Of 2009, Special Leave Petition (C) No. 30579 Of 2009
JudgesHarjit Singh Bedi & Chandramauli Kr. Prasad, JJ.
IssueConstitution of India
Citation2010 (10) SCALE 1
Judgement DateSeptember 17, 2010
CourtSupreme Court (India)

Judgment:

Chandramauli Kr. Prasad, J.

  1. Special Leave Petition(C) No. 3009 of 2009 has been preferred against the order dated 31st July, 2008 passed in Writ Appeal No. 383 of 2008. In Special Leave Petition (C) Nos. 3029-3031 of 2009, petitioners assail the order dated 31st July, 2008 passed by the Madhya Pradesh High Court in Writ Appeal No. 350 of 2008 and Writ Appeal No. 356 of 2008. Writ Appeal Nos. 350, 356 and 383 of 2008 have been dismissed by a common order dated 31st July, 2008 whereby the appeals preferred by the petitioners against the order dated 25th February, 2008 passed in Writ Petition No. 1295 of 2004 have been dismissed on the ground that the petitioners have no locus standi to prefer appeals and while doing so, it has been observed that in case their rights in any manner are affected, they have to agitate the same by filing separate writ petition. By order dated 5th September, 2008, passed in MCC No. 689 of 2008, the review application preferred against the aforesaid order has been dismissed.

  2. Writ Appeal No. 276 of 2009 has been dismissed by order dated 13th August, 2009, relying on the judgment passed by the High Court in Writ Appeal No. 350 of 2008, which has been assailed in Special Leave Petition (C) No. 25083 of 2009. As the validity of the order passed in Writ Appeal No. 350 of 2008 is under consideration in Special Leave Petition (C) Nos. 3029-3031 of 2009, this petition will have the same fate as those Special Leave Petitions.

  3. Another Special Leave Petition(C) No. 30579 of 2009 has been preferred against an interim order dated 11th November, 2009 passed by the learned Single Judge in Writ Petition No. 5203 of 2009 whereby the High Court while issuing notice declined to grant any interim relief.

  4. For the purpose of disposal of these petitions, we have adverted to the pleadings in Special Leave Petition(C) Nos. 3029-3031 of 2009. Respondent Nos. 3 to 5 herein filed the writ petition; praying for correction of their position in the gradation list of Assistant Engineers and after such correction to promote them as Executive Engineers from the date their juniors were promoted. These reliefs were sought for, inter alia, on the ground that respondent nos. 3 to 7 of the writ petition - respondent nos. 6 to 10 herein, were promoted from Junior Engineers to Assistant Engineers in excess of their quota and therefore they are juniors to them. Petitioners herein are down below them in gradation list and...

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