LexSTATE OF MAHARASHTRA versus PURSHOTTAM
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STATE OF MAHARASHTRA v. PURSHOTTAM MAY 7, 1996. [K. RAMASWAMY AND G.B. PATTANAIK, JJ.] Service Law : Maharashtra Service of Engineers Class-I and Class-II Cadre Rules-Seniority-Junior Engineers-Initially appointed on work charged es- tablishment-Later absorbed in regular establishment-Govt. resolution specifying the initiai reetuitment date as deemed.date of absorption-Made applicable only at circle level and not at State level-Absence of any specific provision for seni01ity at State level - Held, Govemment itself having passed the resolution, the date of initial recruitment has to be taken into account for reckoning seniofity-In the absence of specific provision in recntitntent rnles, the statewise seniority list has to be prepared on the basis of seni01ity list prepared at circle level. Words & Phrases: 'Work charged establishment', 'Cadre'-Meaning of Respondent Nos.1 to 4 were appointed as _Junior Engineers on work charged establishment who were later on absorbed as Junior Engineers in the regular establishment. But their names did not appear in the seniority list of the Junior Engineers on regular establishment. Government had passed resolutions to the effect that Junior En- gineers shall be given deemed date of absorption to the regular estab- lishment and the services rendered on work charged establishment shall be counted for the purpose of seniority on regular establishment and it will be counted for the purpose of seniority of the employee at the circle level; but not for the purpose of seniority in the State level. A B c D E F G Promotion to the post of Sub-Divisional Engineer is made from amongst Junior Engineer (Graduates) from the subordinate service of engineers according to the Maharashtra Service of Engineers Class-I & Class-II Cadre Rules. The Rule does not stipulate that the statewise seniority list of Junior Engineers has to be drawn up on the basis of their H 501 502 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R. A respective dates of absorption/employment as a Junior Engineer in regular establishment or on the basis of deemed date which is to be determined in accordance with the two Government Resolutions. B c Respondents filed Writ Petition in the High Court (which was later transferred to Administrative Tribunal as Administrative Tribunal Act came into force) demanding that their period of service on \Vork charged establishment should be counted for their seniority in regular estab- lishment. Respondents contended that the two resolutions of the State Govt. were discriminatory. The Tribunal held that the two resolutions of the State Govt. are violative of Article 16(1) of the Constitution of India and directed that the said resolutions should also apply for drawing seniority list at the State level. In appeal to this Court, the State Government contended that work D charged establishment is a completely different cadre from regular estab- lishment. Therefore, employees on work charged establishment cannot be considered for seniority in regular establishment and that the government resolution provided for counting of service on work charged establishment for the purpose of seniority only within the circle and not at the State level. E Respondents contended that employees having been absorbed in regular establishment cannot have two different seniority and that even though Junior Engineers within the circle constitute a cadre but when promotion to the post of Senior Divisional Engineers is made and for that purpose, statewise seniority list of Junior Engineers is maintained; and F that it would be unreasonable to maintain the said list on the basis of their G absorption in regular establishment even though they have acquired deemed date by virtue of government resolution. Dismissing the appeal, this Court HELD : 1. TI1e Government itself having passed the resolution determining the deemed date of absorption, the said date has to be taken into account for reckoning seniority. Ordinarily seniority \Votdd ha\'e been determined on the basis of date of absorption of the employee in the regular establishment. A work charged establishment means an estab- H lishment of which the expenses, including the wages and allowances of the STATE i: PURSHOTl'AM [PATl'ANAlK.J.J 503 statT, are chargeable to "works". 'fhe pay and allo"'·ances of e1nployees 'vho A are borne on u \\'Ork charged establislunent are ~enerally shown as a separate su
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