Direct Recruit Class Ii Engineering Officers Association v. State Of Maharashtra
1988-09-15
B.C.RAY, M.P.THAKKAR
body1988
DigiLaw.ai
(1) IN Writ Petition No.l2874 of 1985 and Civil Appeal No.4232 of 1985, a division bench consisting of Honble Mr. Justice E.S. Venkataramiah and Honble Mr.Justice K.N. Singh has passed the following order : "ON going through a number of decisions which are cited before us, we feel that the question of seniority, raised in this case, has got to be settled by the Constitution bench finally. We, therefore, refer this case to the Constitution bench. The papers may be placed before the Honble chief justice for further directions." The written arguments on the record would go to show that the decisions which were cited before the court by the Writ Petitioner in the aforesaid matter were: These very decisions have been cited before us and are required to be considered for the purpose of deciding the present group of matters. Since the vexed question of increse seniority between direct recruits and promotees requires to be considered in the context of the aforesaid decisions and a large number of other decisions which have been referred to the Constitution bench, it would but be proper to refer the present group of appeals and Writ Petition also to the Constitution bench for being heard along with the aforesaid Writ Petition and appeals listed for the 4/10/1988. (2) THE correctness of the decision in Patwardhans case, particularly in the context of the interpretation of Rules 8(10 and 8(2) of the Recruitment of Bombay Service of Engineers Class-1 and Class-11 (Civil) Rules framed on 29/04/1960 has been questioned by the direct recruits and in our opinion it requires to be considered by a larger bench inasmuch as Patwardhan was decided by a bench comprising of three Honble Judges of this court. In Janardhanas case, the need to reconsider the earlier decisions of this court has been stressed a?
In Janardhanas case, the need to reconsider the earlier decisions of this court has been stressed a? is reflected in the relevant observation in paragraph 38: "THOUGH we have dwelt at some length on this aspect any enunciation of general principle on the lines indicated by us would require a reconsideration of some of the decisions of this court." (3) IT also involve" consideration of decisions rendered by larger benches, viz: (4) WE, therefore, direct that these matters may be placed before the Honble the .Chief Justice of India for further directionss for listing the matters along with WP No. 12874 of 1985 and other platters which have been listed before the Constitution bench for hearing on 4/10/1988.