HARILAL PRAJAPATI Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 80 read with S.81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act of 1951), against the election of the returned candidate viz. respondent to 81, Deosar Constituency of M.P. Legislative Assembly for which elections was held on 25.11.2013 and result was declared on 10.12.2013 inter -alia on the grounds that the petitioner is a voter of 81, Deosar Constituency for M.P. Legislative Assembly, his name is entered in voter list of Deosar Legislative Constituency No. 81, his name finds place at Serial No. 114 in Part 43 in District Singrauli.

(2.) IT is pleaded that the petitioner was appointed as Medical Officer on contractual basis by order dated 4.9.2002 issued by the Commissioner of Health Service, Govt. of M.P., Bhopal. He was posted at Primary Health Center, Bindul, District Sidhi. Clause 13 of the aforesaid order specifically stipulates that either party can terminate the contractual appointment at any time by giving one month's notice or one month's contractual salary in lieu of notice. The petitioner was regularized as Asst. Surgeon Class II vide order dated 4.4.2008 passed by the State Government, Department of Health. The services of the petitioner were regularized in accordance with the provision of Medical Cadre Service Regularization Rules, 2005 as amended on 4.1.2007. In pursuance of aforesaid order of regularization, he was posted at District Hospital Waidhan, District Singrauli. The appointment and condition of service of Asst. Surgeon are governed by M.P. Health (Gazetted) Service Recruitment Rules, 1967 wherein Rule 19 provides that every person directly recruited to the service shall be appointed on probation for a period of two years, therefore, the petitioner was appointed on probation, though same was not specifically mentioned in the order of regularization dated 4.4.2008. The petitioner further pleaded that till date neither order of confirmation has been issued nor has the certificate of satisfactory completion of probation been issued, therefore, the petitioner continued to be a temporary employee of the State Government. Rule 12 of M.P. Govt. Servant (Temporary and Quasi permanent) Service Rules, 1960 provides that the temporary government servant may terminate his service at any time by giving in writing a notice to the appointing authority. Proviso to Rule 12 further stipulates that the service of temporary govt. servant may be terminated forthwith by giving him one month's salary.

(3.) THE resignation letter of the petitioner was forwarded by Civil Surgeon cum Chief Hospital Superintendent, District Hospital Waidhan, District Singrauli to the Principal Secretary, Govt. of M.P., Department. of Public Health and Family Welfare Bhopal vide letter dated 6.11.2013. Information in regard to aforesaid resignation was also sent by aforesaid authority to the Commissioner, Health, Directorate of Health Service, Govt. of M.P. vide letter dated 6.11.2013. It is further pleaded that the resignation of the petitioner thus, came into effect w.e.f. 1.11.2013 and the petitioner ceased to be an employee of the State Government w.e.f. 1.11.2013 because there was no requirement in law of acceptance of his resignation by the appointing authority.