TMI Blog2018 (7) TMI 2264X X X X Extracts X X X X X X X X Extracts X X X X ..... ertain whether there is any vacancy in the post of Commercial Tax Inspector available as on today. A detailed counter affidavit has been filed on behalf of the State. It is pointed out that subsequent selections have been conducted and in case the appellant is appointed at this juncture it would have serious repercussions on the seniority of the officers already appointed. It is only in the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efits on appointment and seniority. That was challenged by Respondent No.1/State Public Service Commission before the Division Bench. In the impugned judgment(s), though the Division Bench, in principle, agreed with the process, the Division Bench was not quite happy with the relief moulded by the learned Single Judge, hence the matter was remitted to the learned Single Judge in the matter of m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hence, in our view, the Division Bench needs to consider the appeal(s) on merits by deciding on the correctness of the judgment of the learned Single Judge, instead or remitting the matter to the learned Single Judge. 4. When the matter came up before this Court, we directed the learned Standing Counsel for the State of Madhya Pradesh to ascertain whether there is any vacancy in the post of Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justice between the parties that the appellant is appointed in one of the available posts of Commercial Tax Inspector, without treating this as a precedent. Ordered accordingly. In order to avoid any future dispute with regard to seniority, we make it clear that the appellant shall be entitled to seniority only with effect from 01.08.2018. The appointment shall be effected within four weeks from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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