MAHENDRA SINGH SIKARWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Whether a Deputy Superintendent of Police, belonging to Madhya Pradesh Police (Gazetted) Service, governed by the Madhya Pradesh Police (Gazetted) Services Recruitment Rules, 1987, (as was in vogue prior to coming into force of Madhya Pradesh Police Executive (Gazetted) Service Recruitment And Promotion Rules 2000) and by Madhya Pradesh Civil Service (General Conditions of Service) Rules, 1961, on promotion could get a seniority from the date of their continuous officiation and not from the date of confirmation, is the issue which has cropped up for consideration in these bunch of writ petitions arising out of common orders passed by the Madhya Pradesh State Administrative Tribunal in the different set of original applications.

(2.) Applicants who are respondents in these writ petitions are the promotee Deputy Superintendent of Police, promoted on officiating basis on different dates between 1984 to 1988. In the year 1994 in a gradation list prepared as on 1.4.1994, when placed in the category of officiating government servant below the direct recruits, these promotees raise their grievance and sought redressal thereof by filing original applications before Tribunal seeking direction that the period rendered on officiation before confirmation be taken into consideration for reckoning their seniority. They thus sought relief that they be given the benefits of continuous officiation.

(3.) The relief sought for by these promotees were countered by the State as also by the direct recruits who were confirmed on successful completion of their probation, on the ground that, the promotees could not be confirmed on account of nonavailability of substantive permanent posts.