JUDGMENT

The Judgment of the Court was delivered by

N.P. SINGH, J.- One appeal on behalf of S.K. Saha and the other on behalf of the State of Madhya Pradesh, have been filed against the judgment of the High Court, directing to treat the appellant, junior to the writ petitioners/respondents in the cadre of Assistant Director of Industries.

2. The appellant was appointed as Foreman, Cycle Parts Factory, by the erstwhile Madhya Bharat Government, on October 31, 1956. The appointment was for one year on contract basis. The appellant joined on January 4, 1957, after the formation of the new State of Madhya Pradesh, on November 1, 1956. Subsequently, the contract service of the appellant was extended from time to time by the State Government. The post of Foreman was a Class-III post (non-gazetted). The State Government by its order dated December 18, 1959 declared the post as Gazetted Class-II, w.e.f. January 16, 1959.

3. An advertisement was published in the year 1959 by the Madhya Pradesh Public Service Commission (hereinafter referred to as the "Commission"), inviting applications for the post of Foreman Class-II. Along with others the appellant also applied for the said post and the name