Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Seniority-Madhya Pradesh Civil Services (General Conditions of Service) Rules Recruitment and Conditions of Services Rules 1975-Rule 13 1963-Rules 8 and 12-Madhya Pradesh Civil Services (Executive) Classification |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law-Seniority-Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1963-Rules 8 and 12-Madhya Pradesh Civil Services (Executive) Classification, Recruitment and Conditions of Services Rules, 1975-Rule 13-Appellant-probationer passed the prescribed departmental examination only after his extended period of probation was over-He was confirmed with reference to the date of his passing-A subsequently appointed probationer, who passed the departmental examination within extended period of his probation was placed senior than Appellant by fixation of his notional date of confirmation on the day his original period of probation was over, though he had passed the examination later in point of time than Appellant-Held: Such fixation of seniority not contrary to law as alleged by appellant-Comes within purview of Rules 8 and 12 of the MP. General Rules and Rule 13 of the MP. Executive Rules. Appellant, appointed on probation on 1-5-1989, succeeded in the prescribed departmental examination on 22-7-1992 only after his extended probation period was over on 1-5-1992. The date of his confirmation was accordingly taken to be 23-7-1992. Another probationer though passed the departmental examination on 29-1-1993 after his initial appointment on 7-5-1990, was placed above the appellant in the seniority list by fixation of his notional date of confirmation on the day his original period of probation was over, i.e. 8-5-1992. He had passed the examination within extended period of his probation which was to end on 7-5-1993. According to the appellant such fixation of seniority was contrary to law. CAT did not accept the plea. High Court affirmed the order passed by CAT holding that the appellant's claim of seniority vis-a-vis the other probationer was untenable. Hence the present appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 215 |
Petitioner | Om Prakash Shrivastav |
Respondent | State Of M.p. And Anr. |
SCR | [2005] 3 S.C.R. 679 |
Judgement Date | 2005-04-19 |
Case Number | 2698 |
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