1987 INSC 0463
                                               Vasant Kumar Jaiswal

                                                           Vs

                                             State of Madhya Pradesh

                                          Civil Appeal No. 2189 of 1987

                                       (Sabyasachi Kukharji, G. L. Oza JJ)

                                                      08.09.1987

                                                     JUDGMENT

SABYASACHI MUKHARJI, J. -

1. Special leave granted.

2. This is an appeal against the judgment and order of the High Court of Madhya Pradesh which in
accordance with the well settled principle of this Court as also the High Court held that in the
absence of any statutory rule or executive memorandum or order laying down the rule for
determination of seniority in a grade the normal rule applicable would be to determine the seniority
on the basis of length in service. Counsel for the appellant contends that in the instant case there
were two rules being Rules 12(b) and 12(c) of the M. P. Civil services (General Conditions of
Services) Rules 1961 governing the case. These rules read as follows :

                  (b) Promoted Government Servants :- A promoted government servant shall count
                  his seniority from the date of his confirmation in the service to which he has been
                  promoted and shall be placed in the gradation list immediately below the last
                  confirmed member of that service but above all the probationers :

provided that where two or more promoted government servants are confirmed with effect from the
same date the appointing authority shall determine their se seniority in the service in which they are
confirmed with due regard to the order in which they were included in the merits lists of any
prepared for determining their suitability for promotion and their relatives seniority in the lower
service from which they have been promoted.

                  (C) Officiating Government Servants :- The inter se seniority of government servants
                  promoted to officiate in a higher service or a higher category of posts shall during the
                  period of their officiation be the same as that in their substantive service or grade
                  irrespective of the dates on which they began to officiate in the higher service or
                  grade :

provided that -

                  (i) If they were selected for officiation from a list in which the names of government
                  servants considered suitable for trial in or promotion to the higher service or grade
                  were arranged in order of merit, their inter se seniority shall be determined in
                  accordance with the order of merit in such list;
                  (ii) the seniority of a permanent servant appointed to officiate in another service or
                  post by transfer shall be determined ad hoc by the appointing authority : provided
                  that the seniority proposed to be assigned to such government servant shall be
                  determined and intimated to him in the order of appointment;

                  (iii) where a permanent government servant is reduced to a lower service, grade or
                  category of posts, he shall rank in the gradation of the latter service,grade or category
                  of posts above all the other in that gradation there list unless the authority ordering
                  such reduction by a special order indicates a different position in the gradation list for
                  such reduced government servant :

                  (iv) where an officiating government servant is reverted to his substantive service or
                  post he shall revert to his position in that gradation list relating to his substantive
                  appointment which he held before he was appointed to officiate in the other service
                  or post.

In the proper perspective these two rules do not apply in this matter. In that view of the matter we
are of the opinion that the High Court was right. We are unable in this connection to sustain the
reasoning and the view expressed by the learned Single Judge of the said High Court in civil Misc.
Petition No. 181 of 1983. Umeshnarayan Mishra v. State of M. P.

3. In the aforesaid view of the matter we are of the opinion that the High Court is right in dismissing
the petition under appeal and the view it took was correct.

4. In the view of the short length of service of the appellant, if the appellant makes a representation,
the respondent in the light of the principles of law and equity will consider such representation.

5. The appeal is disposed of accordingly.

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