SANDEEP KUMAR SAINI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a direction to allow him to participate in the departmental Examination for the post of Naib Tehsildar being advertised vide advertisement dated 04.06.2016; and also to treat him as an eligible candidate to participate in the said Examination.

(2.) The necessary facts in short are that the petitioner had earlier worked as Patwari in the Department of Revenue. Thereafter, he was selected on the post of Training Officer in Skill Development Department in the year, 2013. He was relieved to join by the SubDivisional Officer, Tehsil Barghat, District Seoni vide order dt. 11.09.2013 and at present though he is working in the Skill Development Department. It is contended that in view of Circular dt. 15th July, 1993 his lien is still in the Revenue Department and therefore, he is eligible to appear in the departmental Examination for the post of Niab Tehsildar known as "Rajaswa Mandal, Ayukta BhuAbhilekh Evam Bandobast Pramukh Rajaswa Ayukta, Sambhagayukta Tatha Collector Sthapnao Ki Lipik Samvarg Se Naib Tehsildar Pad Par Vibhagiya Seemit Pratiyogita Pariksha Ke Madhyam Se Sidhi Bharti, 2018" (in short referred as "Recruitment 2018").

(3.) We do not find any merit in the contention of the learned Counsel for the petitioner that his subsequent appointment in the Skill Development Directorate has to be treated as 'on deputation' and his lien is still with the Revenue Department and therefore, he is eligible to participate in the departmental Examination to the Post of Niab Tehsildar from the post of Patwari.