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Madhya Pradesh High Court · body

1993 DIGILAW 639 (MP)

KRISHNA KUMAR SINGH v. MADHYA PRADESH STATE CO-OPERATIVE OILSEEDS GROWERS FEDERATION LTD

1993-11-24

V.S.KOKJE

body1993
V. S. KOFCJE, J. ( 1 ) ). HEARD Shri A. K, Sethi, learned counsel on admission. The petitioner is in the employment of the respondent M. P. State Co-operative oil Seed Growers* Federation Ltd; The petition is for a direction to fill up the posts of Managers by direct recruitment as well as promotions simultaneously to avoid loss of seniority to the promotees. The Petitioner submits that under the Statuory rules 25% posts arc to be filled by direct recruitment and 75% by promotion. The respondents have issued an advertisement for filling 25% posts by direct recruitment but have not taken steps to simultaneously filling 75% posts by promotion. Regulation 31 (3) of the M P. Rajya Tilhan Utpadak sahakari Sangh Ltd. (Recruitment, Classification and Condition of Service)regulation 1980 provides that if the appointments are partly by direct recruitment and partly by promotion to any category of posts as per percentage laid-down in Schedule JI the seniority of such employees shall be determined on the basis of date of recruitment and date of promotion in proportion, to the percentages fixed for the parposes of Schedule II. The petitioner apprehends t-iat this rule would be interpreted to mean that the seniority shall be counted from the date of appointment alone which would mean that if the direct recruits are appointed earlier they shall rank above the promotees appointed later in the seniority list. We do not think that the apprehension has any basis as at present. The plain meaning of the Rule appears to be that the seniority shall be fixed under the Quota-Rota system whereby appointees from the two different channels, direct recruitment and promotion, shall be granted seniority in 1 ; 3 ratio. We do not know how the respondent interpretes this regulation. If it interpretes in the above manner, there will be no cause of action for the petition at the instance of the petitioner. If however, the respondent interpretes it against the petitioner as is apprehended, the petitioners shall be free to come to this court. At present, we do not find that any cause of action has arisen for making any complaint. The petition is pre-mature and is dismissed as such. The petitioner hall be free to approch to this court after the seniority is fixed by the respondent, if necessary. Petition dismissed .