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1984 Supreme(SC) 179

A.N.SEN, D.A.DESAI
G. P. Doval – Appellant
Versus
Chief Secretary, Government Of U. P. – Respondent


Advocates:
C.MALHOTRA, GOPAL SUBRAMANIUM, Indra Sawhney, M.A.KRISHNAMURTHY, M.K.RAMAMURTHY, RANI CHHABRA, SHOBHA DIXIT, YOGESHAR PRASAD

JUDGMENT

DESAI, J.:—The petitioners in this group of petitions under Art. 32 of the Constitution were inducted as Khandsari Inspectors between March 1960 and 1964. Respondents 4 to 19 were also recruited as Khandsari Inspectors on different dates. Respondents 1 and 2 are the Chief Secretary, Govt. of U. P. and the Secretary, Industries respectively of the U. P. Government and respondent No. 3 is the Sugar Commissioner of U. P. The dispute amongst the petitioners and the respondents 4 to 19 is about inter se seniority between them in the cadre of Khandsari Inspectors.

2. It appears that in the year 1958-59, the State Government framed what is styled as Khandsari Licensing Scheme to regulate the supply of sugarcane to sugar factories by G.O. No. 4588(l) XVIII-A-680/59 dated November 21, 1959 Posts of Khandsari Inspectors initially designated as Licensing Inspectors were created in the pay-scales of Rs. 120-250. Petitioners No S. 1, 2 and 3 were appointed as Khandsari Inspectors between March and May. 1960. Thereafter some of the respondents were recruited as Khandsari Inspectors and some others who were recruited departmentally were approved by the Public Service Commission. On March






















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