Citation : 2022 Latest Caselaw 1542 Chatt
Judgement Date : 24 March, 2022
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPS No. 848 of 2013
Dr. Harcharan Singh Bhatia Versus State Of Chhattisgarh And Ors.
24/03/2022 Shri Sabyasachi Bhaduri, counsel for the petitioner.
Shri Gurudev I Sharan, Govt. Advocate for the State.
Learned counsel for the petitioner submits that the petitioner is
claiming that period of service of petitioner be counted from his initial
date of of appointment i.e. 22.12.1986 as emergency appointee. He
contented that the petitioner was appointed in the erstwhile State of
Madhya Pradesh based on the Educational Services (Collegiate
Branch) Recruitment Rules (MP), 1967 (for short " Rules of 1967").
Several other Assistant Professors have been appointed who, after
reorganization of State of Madhya Pradesh, were working in the State
of Madhya Pradesh have filed writ petitions seeking similar relief.
Provision of Rules of 1967 was considered by High Court of Madhya
Pradesh and it was decided in favour of the petitioners therein that
their services is to be counted from their initial date of appointment
interpreting the words "regular appointment" and the same question
is to be decided in this writ petition also. He submits that order
passed in writ petition by Single Bench of Madhya Pradesh High
Court was challenged in appeal by the State in Writ Appeal No.655 of
2012 (State of Madhya Pradesh & Anr. Vs. Dr. Ramesh Chandra
Dixit), which came to be dismissed by a detailed order. Case of the
petitioner is squarely covered by judgment passed by Division Bench
of Madhya Pradesh High Court.
Learned State counsel submits that the copy of judgment
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passed by Division Bench of Madhya Pradesh High Court is just now
given to him and seeks time to go through the same and make his
submission. He submits that he will also verify the position as to
whether the State of Madhya Pradesh has further challenged the
judgment passed in WA No. 655 of 2012 before the Apex Court or
not.
As prayed by learned counsel for the respondents/State, list
this case after two weeks.
Sd/----/--/- (Parth Prateem Sahu) Judge
Praveen
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