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march 1979

Supreme Court of India · 1979-03-29

STATE OF MADHYA PRADESH vs LAXMISHANKAR MISHRA AND ORS. ETC.

Citation / case number
SC 1978/90288
Court
Supreme Court of India
Petitioner
STATE OF MADHYA PRADESH
Respondent
LAXMISHANKAR MISHRA AND ORS. ETC.
Bench
DESAI, D.A.

Judgment text excerpt

The Supreme Court interpreted Rule 3(b) of the Madhya Pradesh Local Authorities School Teachers (Absorption in Government Service) Rules, 1963, clarifying that the phrase 'should have worked on the post for a minimum period of 7 years' includes time served as an in-charge Principal. The Court held that the focus is on the performance of duties and functions of the post rather than the rank held, emphasizing that any individual discharging the responsibilities of the post qualifies for absorption, irrespective of their official designation. The High Court's interpretation was upheld, allowing for broader inclusion of service periods in the absorption process.

STATE OF MADHYA PRADESH vs LAXMISHANKAR MISHRA AND ORS. ETC. · Niyam