Back
SUPREME COURT OF INDIA
State of Madhya Pradesh
Vs.
RAMKINKAR GUPTA
Decided on September 17, 1999
SENIORITIY - FIXATION - DIRECT RECRUIT - PROBATION - EXTENSION - PASSING DEPARTMENTAL EXAM - DATE OF SENIORITY - RULES 8 AND 12 OF THE MADHYA PRADESH CIVIL SERVICES (GENERAL CONDITION OF SERVICE) RULES, 1963 AND RULES 13 AND 12 OF THE M. P. CIVIL SERVICES (EXECUTIVE) CLASSIFICATION RECRUITMENT AND CONDITION OF SERVICES RULES, 1975 - INTERPRETATION.
Fact of the Case:
Respondent No. 1 was appointed by direct recruitment to the State Civil Service on probation for two years on 10/1/1980. He could not pass the departmental examination during his probation period and was not confirmed. He passed the examination on 19/01/1984 and was confirmed with seniority from that date. He claimed seniority from 11-2-82, the date of completion of his probation period. The State government rejected his claim. The State Administrative Tribunal and the High Court held that he should be assigned seniority from 12-2-82.
Finding of the Court:
The Supreme Court held that the respondent was entitled to seniority from the date of passing the departmental examination, i.e., 19-1-1984, as per Rule 12(a)(ii) of the M. P. Civil Services (Executive) Classification Recruitment and Condition of Services Rules, 1975. The court also held that the State government had substantially complied with the provisions of Rule 12 by passing a speaking order assigning seniority to the respondent.
Issues: Whether the respondent was entitled to seniority from the date of completion of his probation period or from the date of passing the departmental examination.
Ratio Decidendi: The court interpreted Rule 12(a)(ii) of the M. P. Civil Services (Executive) Classification Recruitment and Condition of Services Rules, 1975, to hold that in cases where a person is allowed to continue in service after the probation period has been completed and is confirmed subsequently, the appointing authority has the discretion to decide from what date seniority should be assigned. The court also held that the State government had substantially complied with the provisions of Rule 12 by passing a speaking order assigning seniority to the respondent.
Final Decision: The appeal was allowed, and the judgment of the High Court and the Administrative Tribunal was set aside. The court held that the seniority of Respondent No. 1 fixed from 19-1-1984 was in order.
( 1 ). Special leave granted.
( 2 ). In the instant case respondent no. 1 was appointed by way of direct recruitment to the State Civil Service on probation for two years on 10/1/1980. The Rules provided that every probationer had to pass a departmental examination during his probation period without which he could not be confirmed.
( 3 ). It is not in dispute that respondent No. 1 could not pass this examination. Respondent Nos. 2-16 who were junior to him did pass their examination and thereafter respondent Nos. 17-38 who were also junior to respondent No. 1 passed their examination.
( 4 ). On 19/01/1984 respondent No. 1 finally passed his departmental examination and he was confirmed and given seniority with effect from that date. The said respondent then made a representation on 5- 12-90 that he should be assigned seniority w. e. f. 11-2-82 and not w. e. f. 19-1-84. The State government rejected this claim. The respondent No. 1 filed a petition before the State Administrative tribunal. The tribunal came to the conclusion that the seniority of the said respondent should be fixed w. e. f. 12- 2-82. A writ petition was filed by the appellant but the same was summarily dismissed.
( 5 ). The point in issue, as we shall presently see, is no longer res Integra. It is not in dispute that the said respondent No. 1 had not passed his departmental examination till after respondent Nos. 2-38 had passed their examination. Rule 8 of the Madhya Pradesh Civil Services (General Condition of Service) Rules, 1963, relates to probation of officers and the said Rule is as under: "8. Probation - (1 A person appointed to a service or post by direct recruitment shall ordinarily be placed on probation for such period as may be prescribed. (2 The appointing authority may, for sufficient reasons, extend the period of probation by a further period not exceeding one year. (. . . . . . . . .) (3 A probationer shall undergo such training and pass such departmental examinations during the period of his probation as may be prescribed. (4 The service of a probationer may be terminated during the period of probation if in the opinion of the appointing authority he is not likely to shape into a suitable government servant. (5 The services of a probationer who has not passed the departmental examinations or who is found unsuitable for the service or post may be terminated at the end of the period of his probation. (6 On the successful completion of probation and passing of 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 and that as soon as a permanent post becomes available he will be confirmed. (7 A probationer, who has neither been confirmed, nor a certificate issued in his favour under sub rule (6, nor discharged from service under sub rule (4, shall be deemed to have been appointed as a temporary government servant with effect from the date of expiry of probation and his conditions of service shall be governed by the Madhya Pradesh Govt. Servants (Temporary and Quasi- Permanent Service) Rules, 1960. "
( 6 ). Rule 13 of M. P. Civil Services (Executive) Classification Recruitment and Condition of Services Rules, 1975 reads as under:- " 13. Probation - ( 1 ) Every person directly recruited to the Service shall be appointed on probation for a period of two years. (2 The appointing authority may, for sufficient reasons, extend the period of probation by a further period not exceeding one year. (3 The probationer shall undergo the prescribed training and pass the prescribed departmental examination by the higher standard during the period of his probation. (4 The services of the probationer may be terminated during the period of probation, if
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
