MANOJ KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The questions of fact and law involved in both these writ petitions being common, they were heard together and are being disposed of by this common order.

(2.) The challenge in the present petitions is to the communication dated 7th September, 2017 (Annexure P-1) whereby services of the petitioners were terminated in terms of Rule 9(3) [sic 9(c)] of Madhya Pradesh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 1994 (for short "the Rules") for the reason that they have more than two children; one of whom is born after 26th January, 2001.

(3.) The brief facts leading to the present petitions are that an advertisement was published on 23rd November, 2015 for direct recruitment in the cadre of Higher Judicial Officers under the Rules. The petitioners applied for such post. After due selection process, they were appointed and joined duties on 06.04.2017. After joining, for the purposes of filling up of service-book, information was sought for the first time with respect to living children of the petitioners. Petitioner - Manoj Kumar furnished information that he has five children whereas petitioner - Ashraf Ali submitted that he has three children. An explanation was sought from petitioner - Manoj Kumar on 11.05.2017 and similar explanation was sought from petitioner - Ashraf Ali on 26.05.2017, which were replied by the petitioners. It is, thereafter, an impugned order of termination of services was passed on 7 th September, 2017.