RAMESHWAR KHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER by way of filing the original application before the Tribunal has prayed for a relief of conferring seniority above the Respondent No. 2. Petitioner has also prayed for a writ of mandamus to command the respondents to treat the petitioner as confirmed with effect from 1 -1 -1991 instead of 22 -1 -1992, which is clear from Annexure A -3 and accordingly prayed for modification of the said order. Petitioner has also prayed for writ of mandamus commanding the Respondents to give him senior scale treating his position in the seniority above the Respondent No. 2.

(2.) THE facts leading to the present case are that petitioner by way of order Annexure A -1 dated 12 -12 -1988 was appointed on probation for a period of two years. Petitioner in para -6.3 of the petition has also stated that he was required to pass the departmental examination which he cleared in January, 1992. The result of the said examination was declared by Notification dated 23 -5 -1992 and the result is filed as Annexure A -2 to the petition. It is the claim of the petitioner that though he has completed his probationary period successfully on 31st December, 1990 and was entitled to be confirmed from 1 -1 -1991 but it was not done. Therefore, petitioner is entitled to count his seniority from the date he has completed his probation.

(3.) Learned counsel for the petitioner submitted that in the present case, the probationary period of the petitioner was not extended and he continued to work. Therefore, in pursuance to Rule 8, Sub -rule (6) of the M. P. Civil Services (General Conditions of Service) Rules, 1961, a certificate in favour of the petitioner has to be issued that he has already completed the probationary period. Accordingly, he has to be confirmed on a vacant post as soon as a permanent post becomes available. The aforesaid Rule 8, Sub -rule (6) is reproduced as under: 8. Probation -