Sushil Harkauli, Acting Chief Justice-

A division Bench vide order dated 25.3.2009 passed in W.A. No. 1267/2007 (State of M.P. and Another V Prakash Chandra Jangre and Others) held that seniority of a probationer would be counted from the date when he passes the requisite examination. Thereafter another division Bench of this court vide common order dated 17.12.2009 passed in W.A. No. 510/2009 (Suresh Kumar V The State of M.P. and Others) and W.A. No. 511/2009 (Sandeep Kumar Mawkin v. The State of M.P. and Others) held that even though a probationer may not have completed his probation period successfully yet he would be senior to the persons who have been selected/appointed in the subsequent selection process. A Division Bench of this Court vide order dated 22.09.2011 prima facie found that there is conflict in the view taken by aforesaid two Division Benches and referred the matter to his Full Bench as to which of the two view taken by the aforesaid two Division Benches is correct. Since, the same question has been referred in all these writ appeals, therefore, they were heard together.

2. Shri R.D. Jain learned Advocate General submitted that in the order dated 17.12.2009 passed b

Click Here to Read the rest of this document