PETITIONER: M.P. CHANDORIA Vs. RESPONDENT: STATE OF M.P. & ORS. DATE OF JUDGMENT: 29/03/1996 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J) CITATION: JT 1996 (5) 378 1996 SCALE (4)163 ACT: HEADNOTE: JUDGMENT:
O R D E R
Leave granted.
We have heard the learned counsel on both sides.
The 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.
The 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 [9]
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 [1] 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.
The 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 been appointed.
Otherwise 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 [6], nor is
he discharged from service under sub-rule [4], 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] Rules, 1960.
Under 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.
The appeal is accordingly dismissed. No costs.
