STATE OF MADHYA PRADESH Vs. SURESH KUMAR SINHA

JUDGEMENT

(1.) HEARD. By this petition, the petitioners/State question the legality and validity of the order dated 13-5-1998, passed by the Madhya Pradesh State Administrative Tribunal, Jabalpur in Original Application No. 1125/1991 (Dr. S.K. Sinha Vs. State of M.P. and others), whereby and whereunder, the petitioners were directed to assign seniority to the respondent No. 1 (Dr. S.K.Sinha) w.e.f. 14-6-1971, Le., the date on which the respondent No. 1 joined the post of Assistant Surgeon, in M.P. Medical Services, Class II, on ad hoc basis for a period of six months.

(2.) THE respondent No. 1 along with other three candidates was appointed by order dated 22nd May, 1971 (Annexure P-1) on the post of Assistant Surgeon, in M.P. Medical Services, Class II, temporarily for a period of six months or till the posts were advertised by the Public Service Commission, whichever was earlier. THEreafter, the services of the respondent No. 1 was regularized after concurrence of the Public Service Commission, vide order dated 10-6-1987 (Annexure P-3). THE respondent No. 1 was regularly appointed on two years' probation. Accordingly, the seniority was assigned to the petitioner from the date of regularization.

(3.) FOR the reasons recorded hereinabove and applying the well settled provisions of law to the facts of the case, we are of the considered opinion that the Tribunal erred in coming to the conclusion that the respondent No. 1 is entitled to regularization w.e.f. the initial date of appointment, i. e.,14-6-1971 on temporary basis.