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1998 Supreme(MP) 293

D.M.DHARMADHIKARI
Santosh Kumar Dubey – Appellant
Versus
State of M. P. – Respondent


Advocates:
S.L. Kochar and K.K. Trivedi for petitioner; Deepak Okdey, Panel Lawyer
for State; R.P. Agarwal for respondent Nos. 2 to 4.

ORDER.

1. The order in this petition shall also decide the connected petition W.P. No.1986/97 (Sharad Kumar Shrivastava v. State of M.P. and others) in which the subject matter is identical.

2. The petitioner Santosh Kumar Dubey claims appointment on the basis of his selection by a regular procedure for the post of Lower Division Clerk in Janpad Panchayat, Vijay Raghavgarh.

3. The petitioner Sharad Kumar Shrivastava in the connected petitioner has already served the Janpad Panchayat as Lower Division Clerk under temporary appointments for fixed durations. He also claims appointment to the post of L.D.C. on the basis of his regular selection for the post with the other petitioner Santosh Kumar Dubey.

4. The recruitment to Panchayat services is regulated by service rules named M.P. Janpad Panchayat (Employees, Classification, Recruitment and Conditions of Service) Rules, 1976 (for short 'the Rules') framed under the provisions of M.P. Panchayat Raj Adhiniyam made under M.P. Panchayat Act, 1962 repealed by the new Act- of 1981. The rules framed under the repealed Act survive in the absence of new Rules framed under the new Act. The procedure for direct recruitment is regulated by Rules 5


























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