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Madhya Pradesh High Court · body

1977 DIGILAW 373 (MP)

Kailash Singh v. Board of Revenue

1977-09-26

J.S.VERMA, K.K.DUBE

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Short Note : 1. The petitioner sought to challenge that his order of termination from the post of a cashier was illegal and that he was entitled to back wages from the date of order till he was reinstated. 2. Having heard the learned counsel for the petitioner, this Court has formed an opinion that the petition must be allowed. Under rule 3, of the M.P. Cooperative Central Bank Employee's (Terms of Employment and Working Condition) Rules, the employees have been classified as permanent, probationary and temporary. It is not disputed that the petitioner was a probationer and that he had held the post for more than 2 years and 4 months. From the language of rule 16, it is clear that the probation period could not be extended for more than two-years. If the incumbent was continued after the maximum period of probation without any express order of confirmation, he cannot be deemed to continue in that post as a probationer by implication. This Court has, therefore, no hesitation in holding that after the maximum period of two years prescribed under rule 16 when the petitioner was continued on the post of a cashier he would be deemed to be a permanent servant. State of Punjab vs. Dharam Singh, AIR 1968 SC 1210 , relied on. Petition allowed.