JUDGEMENT
UDAY UMESH LALIT,J. -
(1.) Leave granted.
(2.) These Appeals arise out of the final judgment and order dated 30.05.2019 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Writ Petition No. 1712 of 2018 and other connected matters.
For facility, the facts in the lead matter viz. Civil Appeal arising out of
Special Leave Petition (Civil)No. 14036 of 2019 are set out in detail
hereinafter.
(3.) The Appellant in the lead matter joined the service as Deputy Collector on 01.07.1996 after being selected by the Madhya Pradesh
Public Service Commission. The Appellant was initially put on probation
for two years and was required to clear a departmental examination within
that period. In terms of the concerned Rules, the probation period can be
extended for one year but the departmental examination must be cleared
during the extended period. The Appellant could, however, clear the
examination on 28.01.2001 that is more than three years after the initial
appointment.
Consequently, the status of the Appellant and similarly situated
persons, who could not clear the examination even within the extended
period of probation, is the matter in issue, raising the question whether the
persons selected in subsequent selection processes, who had cleared the
departmental examination within the stipulated period, should rank senior
to the Appellant and similarly situated persons.;
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