D.P.WADHWA, SUJATA V.MANOHAR
Keshavnarayangupta – Appellant
Versus
Jila Parishad, Shivpuri – Respondent
ORDER
1. The facts in both these appeals are similar. For the sake of convenience we are setting out the facts in CA No. 4954 of 1992. The appellant was appointed in the office of Zila Parishad, Shivpuri (M.P.) as a Lower Division Clerk temporarily and for a period of 30 days on 5-6-1985. This temporary appointment was continued after a short break for another 30 days and it was thereafter renewed with short breaks from time to time. The appellant in CA No. 4955 of 1992 was similarly appointed temporarily by the same Zila Parishad as a driver for short periods with breaks. The appellants in both the appeals continued in service up to 1992.
2. Under a Circular dated 1-10-1984 issued by the Government of Madhya Pradesh Panchayat and Rural Development Department, 4 posts were sanctioned for District Panchayats in 29 districts except the districts of Madhya Bharat. The Zila Panchayat of Shivpuri falls in Madhya Bharat. By another Resolution dated 22-1-1987, 2 additional posts were sanctioned for the District Panchayats. As a result, six posts became available to the District Panchayats including the post of a Lower Division Clerk. The Resolution of 22-1-1987 also makes it clear that in
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