1990 (7) TMI 364

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....39;), "in Public Health Engineering Department Services (Class-II)" initially by an appointment letter dated October 25, 1972. These appointments were made pursuant to the advertisement which was issued on June 4, 1972 which had also made it clear that the appointments to the said posts "will be made for a period of six months only, in the first instance. In the meantime, the posts will be advertised by the Public Service Commission, Madhya Pradesh and the candidates will be required to appear before Commission as fresh entrants at their own costs and, if selected, will be allowed to continue in service. The services of others will stand automatically terminated." It appears that within about four months to be precise, on February 19, 1973,....

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....ded to accept this contention for the following reasons: In the first instance, both the advertisement of June 4, 1972 as well as the appointment letter of October 25, 1972 made it clear that the appointments of the petitioners were temporary and only for a period of six months or till the expiry of two weeks after the Commission had made the regular selection. According to Rule 7 of Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter referred to as the 'Rules') whether the appointment was by direct recruitment or by promotion or by transfer, the Commission had to be consulted and any appointment made to the said posts without such consultation would not have been regular. Hence, in the advertis....

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.... otherwise require consultation with the Commission. It shall not be necessary to consult the Commission, if owing to an emergency the Commission cannot be consulted without detriment to public service: Provided that - (i) intimation of such appointment, promotion or transfer shall be sent to the Commission at the same time, and (ii) action to fill up the post in the normal way or to obtain the concurrence of the Commission, as the case may be, shall be initiated as early as possible. It is not and Cannot be contended that the tenure of the present posts is only six months. The post is intended to be a permanent one and, therefore, if appointment is to be made to the said post, consultation with the Commission is obligatory. In ....