JAGDISH PARWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appeal is directed against the judgment and order dated 11.09.2009 passed by the High Court of Madhya Pradesh Bench at Gwalior in Review Petition No. 185 of 2009. The said review petition was filed by the Appellant herein against the order dated 16.04.2009 passed by the High Court of Madhya Pradesh, Gwalior Bench, in Writ Petition (s) No. 882 of 2003. Appellant has also preferred a separate appeal (arising out of SLP(C) No. 8404 of 2009) against the said decision of the High Court of Madhya Pradesh in the Writ Petition No. 882 of 2003. By this order we propose to dispose of both the appeals filed by the Appellant.

(3.) The facts leading to filing of the aforesaid appeals are that the Appellant being a graduate engineer appeared for Indian Engineering Services examination which was held pursuant to an advertisement issued by the Union Public Service Commission in the year 1987 for filling up the post of Assistant Executive Engineer (Buildings and Roads) in Military Engineering Service, Ministry of Defence. The Appellant was working as an Assistant Engineer in Uttar Pradesh State Electricity Board (for short "UPSEB"), w.e.f., 1st January, 1988. He having qualified in the aforesaid competitive examination, the Appellant was offered an appointment as Assistant Executive Engineer (Buildings and Roads) in the Military Engineering Services by an appointment letter issued by the Ministry of Defence dated 06.09.1989. Consequently, he resigned from the UPSEB and as per his last pay certificate from UPSEB, he was drawing a basic pay of Rs. 2750/-. His resignation was accepted and he was released from the service of UPSEB on 19.02.1990.