MASOOD AKHTAR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The only question involved in the present petitions is whether the Petitioner's initial appointments were according to the rules. The Petitioners are direct recruits. They were appointed as temporary Assistant Engineers in Public Health Department "temporarily till further orders for six months or for a fortnight till after the selection of candidates by the Public Service Commission", ('hereinafter referred to as the Commission'). "In Public Health Engineering Department Services Class -II)" initially by an appointment letter dated October 25, 1972. These appointments were made pursuant to the advertisement which was issued on June 4, 1972 which had also made it clear that the appointments to the said posts "will be made for a period of six months only, in the first instance. In the meantime, the post will be advertised by the Public Service Commission, Madhya Pradesh and the candidates will be required to appear before Commission as fresh entrants at their own costs and, if selected, will be allowed to continue in service. The services of others will stand automatically terminated." It appears that within about four months to be precise on February 19, 1973, the Government changed its policy for recruitment to the said posts, and by its Resolution of the even date decided that appointments to all the said posts would be made by promotion. The result was that no requisition was made to the Commission for direct recruitment of the said posts and the Petitioners continued in their posts ill the policy was relaxed sometime before June 1975. As a consequence, the Government wrote to the Commission on June 3, 1975 with a requisition for advertisement of 120 posts of Assistant Engineers [Assistant Engineers, Civil -113 plus Assistant Engineers, Mechanical -7]. This letter requested the Commission to advertise the said posts and communicate its recommendations to the Government at an early date. Pursuant to this, the Commission advertised the posts on September 16, 1975. It may be mentioned here that since in the meanwhile statutory rule laying down the qualification of experience of a minimum two years as Assistant Engineers came into force, the advertisement also mentioned the said qualification. The Petitioners applied for the said posts and they were selected by the Commission. As a result, they were appointed to the posts from April 14, 1977. The contention of the Petitioners is that they should be given seniority from the date of their initial appointment on October 25, 1972 and not from April 14, 1977 because even their initial appointments were according to rules which were in existence at that time. We are not persuaded to accept this contention for the following reasons:

(2.) IT shall not be necessary for the Commission to be consulted on the suitability of a person for appointment, promotion or transfer to a posts, the period of which does not exceed six months.