1967 (11) TMI 107 - SC - Indian Laws

Whether preparation of provisional gradation lists by the State of Madhya Pradesh under the relevant provisions of the States Reorganisation Act 1956 was unwarranted in law and the final list published on April 6 1962 prepared by the State Government under instructions from the Central Government with regard to the integration of officers of the Engineering Department was illegal and ultra vires and must be quashed by the grant of a writ? Held that - Appeal allowed in part. In view of the special circumstances of the present case we think that the respondents were entitled to an opportunity to make a representation with regard to the two points urged by Mr. Asoke Sen before the final gradation list was published. As no such opportunity was furnished to the respondents with regard to these two matters we hold that the combined final gradation list dated April 6 1962 so far as category 6 is concerned is ultra vires and illegal and that part of the notification alone must be quashed by grant of a writ in the nature of certiorari. The rest of the notification of the State Government dated April 6 1962 with regard to other categories will stand unaffected. So far as category No. 6 is concerned the Central Government is directed to give an opportunity to the respondents to make a representation in regard to the two points mentioned in this paragraph and thereafter take steps to finalise and publish the list in accordance with law.

Issues Involved:
1. Legality of the preparation of provisional and final gradation lists under the States Reorganisation Act, 1956.
2. Delegation of powers by the Central Government to the State Government concerning the integration of services.
3. Opportunity for representation regarding the inter se seniority list and the final gradation list.

Issue-wise Detailed Analysis:

1. Legality of the Preparation of Provisional and Final Gradation Lists:
The Madhya Pradesh High Court held that the preparation of provisional gradation lists by the State of Madhya Pradesh under the States Reorganisation Act, 1956, was unwarranted in law. The final list published on April 6, 1962, was deemed illegal and ultra vires. The High Court quashed the list and directed the Central Government to complete the integration of services in conformity with the provisions of Section 115(5) of the said Act.

2. Delegation of Powers by the Central Government to the State Government:
The primary question was whether the Central Government improperly delegated its statutory powers and duties to the State Government. The Supreme Court noted that the work of integration involves formulating principles, preparing preliminary lists, inviting representations, considering those representations, and publishing the final list. The Central Government laid down the principles and considered the representations, while the State Government prepared and published the lists under the Central Government's direction and with its sanction. The Court held that there was no improper delegation of statutory powers. The Central Government retained general control and approved the final decisions, thus complying with the legal requirements.

3. Opportunity for Representation:
The respondents contended that they were not given a second opportunity to make representations regarding the inter se seniority list of the Assistant Engineers of the former Mahakoshal region and the final gradation list. The Court agreed that, given the special circumstances, the respondents should have been given an opportunity to make representations on two specific points: the inter se seniority list dated February 20, 1962, and the basis of the "assumed date" in the final gradation list. The Court held that the failure to provide this opportunity rendered the combined final gradation list dated April 6, 1962, ultra vires and illegal concerning category 6.

Conclusion:
The Supreme Court modified the High Court's order, allowing the appeal in part. The final gradation list dated April 6, 1962, was quashed only concerning category 6. The Central Government was directed to give the respondents an opportunity to make representations regarding the two specified points and then finalize and publish the list in accordance with the law. The rest of the notification dated April 6, 1962, remained unaffected. There was no order regarding costs in the Supreme Court.

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