Vs. State of M.P. & Ors  INSC 475 (29 March 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (5) 378 1996 SCALE (4)163
O R D
have heard the learned counsel on both sides.
appellant was appointed as a direct recruit to the M.P. State Civil
Service [Deputy Collector] on January 7 1967
and jointed the service on February 15, 1967.
He was put on probation w.e.f. the said date. He had passed the prescribed test
on June 27. 1972. The Government had confirmed his appointment on regular basis
on march 13, 1973. The appellant has sought his confirmation w.e.f. his date of
joining the duty, viz., February
15, 1967 and claimed
seniority from that date. The Tribunal has not granted the relief in O.A.
No.521 of 1988 by order dated December 17, 1992.
Thus this appeal by special leave.
learned counsel for the appellant has contended that since he has been
appointed w.e.f. the date of joining of duty, his seniority should be reckoned
from the date of his starting discharging duty of the post, viz., February 15, 1967. As he has not been discharged from
service due to his failure to pass the test, though he passed his test at a
later, he must be deemed to have been confirmed w.e.f. the date of his joining
the duty. Therefore, the seniority is required to be confirmed from that date.
We find no force in the contention. Indisputably, the appellant is governed by
the Madhya Pradesh Civil services [General Conditions of Service] Rules, 1961 [for
short, the 'Rules']. Clause 2  defines 'service' to mean a service of group
of posts in connection with the affairs of the State other than the Indian
Administrative Service and the Indian Police Service organized as such by the
Government. Rule 4 classifies the post with which we are not concerned. Rule 8
prescribes probation. Rule 8  envisages that a person appointed to a service
or post by direct recruitment shall ordinarily be placed on probation for such
period as may be prescribed.
appointing authority may, for sufficient reasons, extend the period of
probation by a further period not exceeding one year. The probationer has to
undergo such training and pass such departmental examination during the period
of his probation as may be prescribed. Sub-rules (4) and (5) are not relevant
and are omitted. Sub-rule (6) of Rule 8 is relevant for the purpose of the case
which envisages that on successful completion of probation and passing the
prescribed departmental examination, if any, the probationer shall, if there is
a permanent post available, be confirmed in the service or post to which he has
a certificate shall be issued in his favour by the appointing authority to the
effect that the probationer would have been confirmed but for the
non-availability of the permanent post. As soon as a permanent post becomes
available, he will be confirmed. Under sub-rule (7), a probationer, who has
neither been confirmed nor a certificate issued in his favour under sub-rule
, nor is he discharged from service under sub-rule , he shall be deemed
to have been appointed as a temporary Government service w.e f. the date of
expiry of probation and his conditions of service shall be governed by the
Madhya Pradesh Government Servants [Temporary and Quasi-Permanent Service]
Rule 12, the seniority of the members of the service of a district branch or
group of posts of that service, shall be determined in accordance with the
principles laid down therein. Sub-clause [i] of Clause [a] envisages that the
seniority of a directly recruited Government servant appointed on probation
shall count during his probation from the date of his appointment; the proviso
is not relevant. Sub-clause [A] envisages that the same under of inter se
seniority of direct recruits maintained by confirmation of the normal period of
probation. If, however, the period of probation of any direct recruit is
extended, the appointing authority should determine the date from which the
candidate should be assigned seniority. Until the probation is declared and he
was confirmed in the post, he does not became a member of the service
successful completion of the probation and pass of the prescribed tests or
conditions precedent to declare the probation. So, mere passage of time of one
year does not entitle a probationer to be a member of the service. He remains
to be on temporarily service. On declaration of probation, the appointing
authority should confirm in a pending post available or to grant quasi-permanent
status. As soon as the post is available. he should be confirmed. In view of
the admitted position that he did not pass the test, the appointing authority
considered that his seniority would be counted w.e.f. the date of his passing
the test. Rule 12 [a] (ii) clearly empowers the appointing authority to assign,
in these circumstances, the seniority in lower level than the one assigned by
the Public Service Commission. We do not find any illegality committed by the
authorities in giving seniority from the date of his passing the test.
appeal is accordingly dismissed. No costs.
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