LAWS(MPH)-2003-9-23

OM PRAKASH SHRIVASTAVA Vs. STATE OF M P

Decided On September 22, 2003
OM PRAKASH SHRIVASTAVA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) BY this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the pregnability of the order dated 14-12-1999 passed by Madhya Pradesh Administrative Tribunal, Jabalpur (hereinafter referred to as 'the Tribunal') dismissing the Original Application (O. A. No. 171/95) filed by the petitioner.

(2.) IN brief the case, as putforth by the petitioner before the Tribunal is that vide order dated 29-4-1989 he was appointed on the post of Deputy Collector on probation of two years on the recommendation by the Public Service Commission. The petitioner was liable to be confirmed on the said post with effect from the date after passing the departmental examination immediately on the expiry of period of probation, however, as he did not pass the requisite examination, the authorities did not confirm him from the said date. The respondents confirmed the petitioner only after he passed the departmental examination by extending the period of his probation by one year vide order dated 3-7-1993 with effect from 23-7-1992.

(3.) THE seniority of the petitioner was then accordingly fixed on the basis of his confirmation and his seniority was down graded under many of his juniors. The petitioner thereafter submitted representation which was rejected by the respondents. After the representation was rejected, the petitioner filed original application before the Tribunal on 16-1-1995 for claiming his seniority and confirmation above to his juniors.