MAHESHCHANDRA MADHOSARAN SRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, Maheschhandra Srivastava, was appointed to the post of Curator, Mahant Ghasidas Memorial Museum, Raipur, on probation for a period of two years by the State Government by order dated 17th February 1968. The petitioner took over charge of his post on 15th April 1968. The State Government, by order dated 7th August 1973, terminated the services of the petitioner by giving one month's notice. The petitioner then filed this petition under Article 226 of the Constitution of India, challenging the order of the State Government.

(2.) IT is not disputed before us that the conditions of service of the petitioner were governed by the M. P. Civil Services (General Conditions of Service) Rules, 1961. Rule 8 is the relevant rule on the point which reads as follows:

(3.) THE contention of the learned counsel for the petitioner is that on a proper construction of the rule, the initial period of probation, which in the instant case was two years, could not be extended beyond one year and that the petitioner, immediately after the completion of three years, became a confirmed employee. The argument is that even if there is no express order of confirmation, a probationer must be deemed to be confirmed immediately after the expiry of three years, which is the maximum period of probation permitted under the rule. In support of his contention, the learned counsel has relied upon the following cases: