JUDGMENT:

H.K.SEMA,J

(1) This appeal is directed against the judgment and order dated 11.10.2000 of the Division Bench of the High Court of Bombay in Writ Petition No. 3024 of 1997.

(2) This case has a chequered history. The controversy, in this appeal, is with regard to inter-se seniority between Maharashtra Public Service Commission (PSC) selectee employees and non-Public Service Commission employees. Lengthy arguments have been advanced before us by learned counsel on both sides. However, the resolution of dispute bogged down to a narrow compass.

(3) The question raised is, as to whether the final inter- se seniority lists published on 6th March, 1997 and 26th March, 1997 were in pursuance to the directions of this Court or not.

(4) This appeal is preferred by a Public Service Commission selectee employee. The undisputed facts are: The respondents were non-PSC selectee employees. They were appointed in between 1962 and 1965 by executive orders on ad-hoc basis without resorting to process of selection by Public Service Commission. Prior to their appointment, by a Notification dated 22nd May, 1957, the Government of Maharashtra, in exercise of the powers conferred by the proviso to Article 309 of the Constitution, amended the Bombay Civil Services Classification and Recruitment Rules, 1939. Rule 2 (B) thereof provides that appointments of Lower Division -Clerks, Clerk-Typist, Typists shall be made by nomination on the result of a competitive examination held by the Commission.

(5) It is undisputed that the appointments of respondents were not made on the result of a competitive examination held by the Commission. It is also not disputed that their services had never been regularized till coming into force the Government resolution dated 1st March, 1974, which is apple of discord in these proceedings.

(6) The Government Resolution No. EXM-1074-Q, Sachivalaya, Bombay 32, BR, dated 1st March, 1974 is relevant for proper adjudication of the present controversy, and, therefore, it is extracted:

Persons temporarily appointed to Ministerial posts in Government Offices in Greater Bombay pending availability of P.S.C. selected candidates ---

Regularisation of appointments of.

GOVERNMENT OF MAHARASHTRA General Administration Department, Resolution No. EXM-1074-Q, Sachivalaya, Bombay 32, BR, Dated the 1st March, 1974

RESOLUTION: Direct recruitment to various ministerial posts in Government offices in Greater Bombay, including Secretariat Departments, viz., Clerks, Typists, Stenographers, Assistants etc. is made on the basis of the results of the competitive examinations held by the Maharashtra Public Service Commission. During the course of last several years, a number of candidates who have not been selected by the Public Service Commission came to be recruited to these posts, pending allotment of candidates selected by the Public Service Commission. Many of these persons have put in many years of service. The question regarding regularization of appointment of these persons has been under the consideration of Government for some time past. Government is now pleased to direct, after consulting the Maharashtra Public Service Commission, that the non-P.S.C. who were employed in the ministerial posts, viz. Clerks, Typists, Clerk-Typists, Steno- Typists and stenographers in the Secretariat Departments and various Government Offices in Greater Bombay prior to 1st January, 1971 and who are in the service of Government on the date of issue of these orders should continue in Government service, without being replaced by the candidates selected by the Maharashtra Public Service Commission provided they fulfil the following conditions:-

(1) The non-P.S.C. persons concerned should have the minimum educational qualifications prescribed for the posts to which they were appointed.

(2) They were within the age-limits prescribed for appointment to the respective posts held by them at the time of their initial appointment