ARIJIT PASAYAT, S.H.KAPADIA
Om Prakash Shrivastava – Appellant
Versus
State Of M. P. – Respondent
Judgment
Arijit Pasayat, J.—Leave granted.
2. Appellant calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court at Jabalpur affirming the order passed by Central Administrative Tribunal (in short ‘CAT’) holding that the appellant’s claim of seniority vis-a-vis that of one Ram Rao Bhosley was untenable.
3. Factual position is undisputed and relates to appellant’s seniority vis-a-vis others. Though grievance was made in the Original Application before the CAT and the High Court that his seniority was affected by placing juniors above him, no such junior was impleaded either before CAT or the High Court and in the present appeal. By way of illustration, it has been pointed out that the aforesaid Ram Rao Bhosley was one such instance. It was appellant’s stand that when he passed the departmental examination, the Government should have decided the date from which he was to be confirmed. As no such decision has been taken and no order has been passed his placement in the Gradation list is without any rational basis.
4. Appellant was appointed on 1.1.1989 on probation and original probation period ended on 1.5.1991. There was extension of the p
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