RAMANAND RAMNARAYAN RAIDAS Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the constitution of India for a writ of certiorari for quashing the order dated 9-12-1975 (Annexure F) of the Government of Madhya Pradesh whereby the petitioner's service as Civil Judge was terminated, and in the alternative for an appropriate writ, transferring the services of the petitioner to the Revenue department of the Government of Madhya Pradesh.

(2.) THE petitioner was appointed as Naib Tahsildar by the Government of Madhya Pradesh vide its order No. 2339/6447/vii/estt. Date 21-5-69 and No. 3016/8292/seven/estt. dated 10-7-69 by the Government of Madhya pradesh which post he joined on 24-5-69.

(3.) THE petitioner during the period he was serving as Naib-Tahsildar, applied for the post of Civil Judge in pursuance of the advertisement (Annexure C) published in Madhya Pradesh Rajpatra dated 3rd April, 1970. The petitioner, having been selected by the Public Service Commission, was appointed by the State Government in the Madhya Pradesh Judicial Service as Civil Judge, vide order Annexure D, dated 17-4-72 from the date of his taking over the charge, temporarily till further orders. The copy of petitioner's appointment order Annexure D was also endorsed amongst other persons for information to the Secretary, Revenue Department, Government of Madhya Pradesh and for enabling the petitioner to be relieved from the post of Naib Tahsildar and for joining his new appointment. The petitioner joined the service as Civil Judge on 17-5-72, and was placed on probation for two years in accordance with the terms of appointment, which were notified vide the advertisement inviting applications (Annexure C ).