LAWS(MPH)-2009-12-90

SURESH KUMAR Vs. STATE OF M P

Decided On December 17, 2009
SURESH KUMAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This judgment shall dispose of Writ Appeal No. 510/ 2009(Suresh Kumar vs. The State of M.P.& others) and Writ Appeal No,511/ 2009(Sandeep Kumar Mawkin vs. The State of MP. & others).

(2.) By common judgment dated 6/10/2009 the learned Single Judge disposed of W.P. No. 5056/05(s){Suresh Kumar vs. State of Madhya Pradesh} and W.P. No. 5057/05 (s)(Sandeep Kumar Vs. State of Madhya Pradesh. The learned Single Judge dismissed the petitioners writ petitions, therefore, the appellants have filed these writ appeals before us under Section 2 (1) of Madhya Pradesh Uchcha Nyayalaya{Khand Nyaypeeth Ko Appeal}Adhmiyam, 2005.

(3.) Learned counsel for the petitioners/appellants submitted that each of the petitioner had come to the Court with a short submission that as they could not complete the probation period successfully and the same had to be extended, the State Government might have a right under Rule 12 (1) (f)of Civil Services (General Condition of Services) Rules, 1961 (hereinafter referred to as "Rules of 1961"} to fix the seniority but the State Government could not place the petitioners below the candidates who were selected in subsequent selections held in 1995,1996 and/or 1997. It is also contended that as the State Government it self had extended the period of probation, each of the petitioner was certainly entitled to the increments which they had successfully earned while discharging their duties as probationers.