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2008 Supreme(Chh) 273

SATISH K.AGNIHOTRI
MRITYUNJAY SHUKLA – Appellant
Versus
MUNICIPAL CORPORATION, RAIPUR – Respondent


Advocates Appeared:
Shri P.K.C. Tiwari, Sr. Advocate with Shri Shashi Shushan, Advocate, for the Petitioners.
Shri H.B. Agrawal, Sr. Advocate with Shri C.K. Sahu, Advocate, for the Respondent No.1.
Shri M.P.S. Bhatia, Dy. Govt. Advocate, for the State/ respondents No.2 and 3.

JUDGMENT

1. The petitioners challenge legality and validity of the order dated 22-22005 (Annexure P/l) whereby the petitioners working as Shiksha Kannis were removed from services and the order dated 27-7-2004 (Annexure P/2) whereunder the petitioners after having completed three years probation period were not regularized.

2. The indisputable facts, in nutshell, as projected by the petitioners, are that pursuant to the advertisement dated 25-7 -1998 (Annexure P/3) the petitioners were appointed on the post Shiksha Karmis Grade - I, II & III under the provisions of "Madhya Pradesh Shiksha Kanni Bharti Tatha Seva Ki Sharte Niyam 1998" by appointment letter dated 25-9-1998 (Annexure P/6). Subsequently by order dated 1-5-1999 (Annexure P /7) the appointment order was modified to the extent that the appointment was initially on a probation period of three years. The petitioners completed their probation period after completion of three years. Services of the petitioners were not regularized, but the petitioners were permitted to continue in service till 22-2- 2005 when the impugned order was passed. Thus, this petition.

3. Mr. TIwari, learned Sr. counsel with Mr. Shashi Bhushan, learne











































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