would further submit that after the reorganization of the State of Madhya Pradesh in the year 2000, the petitioners became employees of the Chhattisgarh State Government. He would also submit that the petitioners are regular employees whereas private respondents could not qualify for the examination conducted by the Chhattisgarh Public Service Commission but they have been placed above the petitioners in the seniority list. He would further contend that the services of the private respondents were regularized in the year 2006 according to the provisions of Chhattisgarh Regularization and Emergency Appointment Rules, 2005. He would also contend that vide Annexure P/3 dated 06.07.2011, the Senior Scale/Selection Grade was extended to the private respondents and other employees, who could not qualify for the examination conducted by the Chhattisgarh Public Service Commission. He would further state that the decision taken by the State Government was erroneous. He would also state that the private respondents whose services were regularized in the year 2006 according to the Rules of 2005 would be entitled to get seniority from the date of their regularization and the same is specifically mentioned in the order of regularization dated 18.01.2006. It is argued by Mr. Patel that despite clear instructions in the order dated 18.01.2006, the private respondents have been placed over and above the petitioners in the seniority list published on 14.06.2007, therefore, the said order is also liable to be quashed.
