W.P. No. 434/2004. Case: Senior Administrative Officer, Bhopal & Ors. Vs K. G. Sudarsanan & Anr.. High Court of Madhya Pradesh (India)
| Case Number | W.P. No. 434/2004 |
| Counsel | For Appellant: Mr. S. A. Dharmadhikari, Advocate and For Respondents: Mr. D. K. Dixit, Advocate |
| Judges | Ajit Singh & Sanjay Yadav, JJ. |
| Issue | Constitution of India - Articles 14, 16 |
| Citation | 2012 (3) MPJR 131 |
| Judgement Date | June 28, 2012 |
| Court | High Court of Madhya Pradesh (India) |
Order:
Ajit Singh, J.
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This petition is directed against the order dated 14.11.2003, annexure P1, passed by the Central Administrative Tribunal, Jabalpur Bench (in short, "the Tribunal") whereby it has allowed the original Application No. 15/2000 filed by respondent No. 1 directing the petitioners to fix his seniority on the post of senior clerk from 24.11.1982. The petitioners are officers of the Central Institute of Agricultural engineering (in short, "the CIAE"). Respondent No. 1 was initially posted as junior clerk in the Central Sheep and Wool Research Institute (in short, "the CSWRI"). It is not in dispute that both CIAE and CSWRI are organizations working under the control of the Indian council of Agricultural Research Institute (in, short, 'the ICAR').
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The CIAE was established at Bhopal in the year 1976 for conducting research work. At that time there was only a skeleton staff in the CIAE and with the passage of time posts of senior clerk fell vacant. Since none of the junior clerks working in the CIAE was eligible for promotion to the post of senior clerk, a decision was taken to call the staff from the ICAR on deputation.
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Respondent No. 1 was posted as junior clerk in the CSWRI, Avika Nagar (Rajasthan). He was also eligible for recruitment to the post to senior clerk. The petitioner, therefore, by order dated 3.5.1982 approved the deputation of respondent No. 1 and thereafter by another order dated 28.6.1982 appointed him to the post of senior clerk with effect from 19.6.1982.
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While respondent No. 1 was on deputation in the CIAE, he passed the departmental competitive examination held on 14th and 15th September 1982 by his parent department i.e. CSWRI. In the result CSWRI, by order dated 02.12.1982 promoted him to the post of senior clerk with effect from 24.11.1982.
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Later, it appears that respondent No. 1 wanted to continue in the CIAE and even made a request in this regard. Likewise, even the petitioners felt that they needed the services of respondent No. 1 permanently because of his experience and efficiency. This is also reflected from the remark made by petitioner No. 1 Annexure R1, to the effect that the services of respondent No. 1 in the CIAE are indispensable. Petitioner No. 1 then by order dated 27.8.1983 appointed respondent No. 1 on the post of senior clerk at the CIAE, Bhopal but fixed his seniority in the grade of senior clerk from that date. Respondent No. 1, aggrieved with the fixation of his...
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