Ku. Kandakani Burbure vs The State Of M.P.
2023 Latest Caselaw 7442 MP

                                                                          1
                                         IN      THE     HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                               ON THE 8 th OF MAY, 2023
                                                          WRIT PETITION No. 24295 of 2003

                                        BETWEEN:-
                                        KU. KANDAKANI BURBURE, AGED ABOUT 55 YEARS,
                                        RESIDING AT E-3/312, ARERA COLONY, BHOPAL,
                                        POSTED AS PRINCIPAL, GOVERNMENT GIRLS HIGHER
                                        SECONDARY SCHOOL, JAHANGIRABAD, BHOPAL
                                        (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                        (NONE)

                                        AND
                                        1.THE STATE OF MADHYA PRADESH, THROUGH THE
                                        SECRETARY, SCHOOL EDUCATION DEPARTMENT,
                                        MANTRALAYA VALLABH BHAWAN, BHOPAL (MADHYA
                                        PRADESH)

                                        2.THE COMMISSIONER OF PUBLIC INSTRUCTIONS,
                                        GOVERNMENT      OF    MADHYA      PRADESH,
                                        GAUTAMNAGAR, BHOPAL (MADHYA PRADESH).

                                        3.THE DISTRICT EDUCATION OFFICER, DISTRICT
                                        BHOPAL, TULSI NAGAR BHOPAL (MADHYA PRADESH).

                                                                                                    .....RESPONDENTS
                                        (BY SHRI LOKESH JAIN - PANEL LAWYER)

                                              Th is petition coming on for hearing this day, th e court passed the
                                        following:
                                                                           ORDER

This petition is filed by the petitioner claiming seniority on the post of Principal High School from the date when the petitioner was given adhoc Signature Not Verified SAN

promotion on 09.07.1987, subject to concurrence of Public Service Digitally signed by ASHWANI PRAJAPATI Date: 2023.05.09 19:39:43 IST

Commission.

2. Petitioner's contention is that she was granted regular promoton to the post of Principal vide order dated 01.01.1991 Annx.A/1, in which name of the petitioner appears at Serial No.310.

3. It is submitted that she belongs to Scheduled Caste category, she is entitled to count her seniority in the cadre of Principal of High School from the date of her ad hoc promotion.

4. Respondents have not bothered to file reply to the petition. However, there is no material brought on record to show that under which provision of Rules, petitioner is entitled to be given her seniority for the ad hoc promotion.

5. In fact, in the light of the judgment of Supreme Court in Malook Singh

and others Vs. State of Punjab and others (2021 SCC OnLine SC 876), period of ad hoc services cannot be counted for the purposes of seniority and, therefore, in view of the said judgment, petition is devoid of merit, deserves to be dismissed and is, hereby, dismissed.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2023.05.09 19:39:43 IST