ANITA KANASH Vs. STATE OF M P

JUDGEMENT

(1.) The prayer in the petition is that the order dated 15/3/2012 (Annx.P/4) issued by the respondent No.1 be modified by deleting the averment of fresh appointment of the petitioner under Rule 8 of the M.P.C.S. (General Conditions of Service) Rule, 1961 and it be further directed that the petitioner will get the seniority since 2005 itself for the post of Assistant Professor (Zoology) on the basis of Merit List prepared by the M.P.Public Service Commission at the time of selection made in the year 2005.

(2.) Learned counsel for petitioner submits that petitioner was duly selected and was appointed as Assistant Professor (Zoology) vide order dated 27/6/2005. The probation period was for a period of two years. In compliance of the order dated 27/6/2005, petitioner joined the service on 9/7/2005. The period of probation completed on 9/7/2007 but the same was extended for a period of another one year which came to an end on 9/7/2008. It is submitted that vide order Annx.P/4, a fresh appointment order has been issued to the petitioner. It is submitted that petitioner is entitled to get the benefit of service rendered by him w.e.f. 9/7/2005 when the petitioner joined the service.

(3.) Learned counsel for respondent submits that keeping in view Rule 8 of M.P.Civil Services (General Conditions of Service) Rules 1961, the length of service shall be counted from the date when the probation period was completed by the petitioner. Rule 8 deals with Probation. As per sub rule (1) of Rule 8, a person appointed to a service or post by direct recruitment shall ordinarily be placed on probation for such period as may be prescribed. As per sub rule(2) the appointing authority may, for sufficient reasons, extend the period of probation by a further period not exceeding one year. As per sub rule (7) of Rule 8, a probationer, who has neither been confirmed, nor a certificate issued in his favour under sub-rule (6), nor discharged from service under sub-rule(4), shall be deemed to have been appointed as a temporary Government servant with effect from the date of expiry of probation and his conditions of service shall be governed by the Madhya Pradesh Government Servants (Temporary and Quasi Permanent Service) Rules, 1960. Rule 12 of Civil Services (General Conditions of Service) Rules 1961 deals with 'Seniority of Direct Recruits and Promotees. According to sub rule (a) of rule (1) of Rule 12, the seniority of persons directly appointed to a post according to rules shall be determined on the basis of the order of merit in which they are recommended for appointment irrespective the date of joining. This rule further lays down that persons appointed as a result of an earlier selection shall be senior to those appointed as a result of subsequent selection. In the matter of The Direct Recruit class-II Engineering Officer's Association Vs. State of Maharashtra, AIR 1990 SC 1607 the Hon. Apex Court has observed that seniority of the petitioner has to be counted from the date of appointment and not from the date of confirmation.