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1987 Supreme(SC) 997

M.M.DUTT, RANGANATH MISRA
Beena Tiwari: High Court Of M. P. – Appellant
Versus
State Of M. P. : Samaru Das Banjare – Respondent


Judgement

DUTT, J. :- The only question that arises for consideration in these appeals by special leave is whether R. 3-A, M. P. Government Service (Temporary and Quasi-Permanent Service) Rules, 1960, hereinafter referred to as the Rules, is applicable to the members of the Subordinate Judicial Service of the Madhya Pradesh Government.

2. In Civil Appeals Nos. 59 and 60 of 1982, both the appellants were appointed Civil Judges on temporary and officiating basis for a period of six months for training and thereafter for a period of two years on probation. It is not necessary to state in detail the facts, and suffice it to say that both the appellants were not ultimately confirmed by the High Court after the expiry of the period of probation or the extended period of probation. The High Court recommended the termination of services of the appellants to the State Government and pursuant to such recommendation, the State Government terminated the services of the appellants under R. 12 of the Rules. Being aggrieved by the orders of termination of their services, the appellants filed writ petitions before the Madhya Pradesh High Court. It was contended by them that in view of R. 3-A of the


























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