RAJENDRA MOHAN BHATNAGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Under Regulation 69 of the Madhya Pradesh State Road transport Corporation Employees Service Regulations, the services of the appellant were terminated on 1/06/1974 and the termination was with immediate effect. He was then the Chief Personnel Officer of the m. P. State Road Transport Corporation. He moved the High court challenging the validity of the termination order, but the High court has refused to give him relief staling that he continued to be a temporary employee.

(2.) We have examined the material. We are unable to accept the decision of the High court. The appellant was initially taken in the government service in 1958. In 1962 when the Corporation was formed, he was taken by the Corporation. While in the service of the Corporation, the appellant was promoted at least on three occasions and the last promotion was in 1973 as Chief Personnel Officer (Head of Personnel department). He has in all put in more than 15 years of service. To say that such an officer was not a permanent employee and remained only as a temporary employee is an abuse of the service jurisprudence. The Corporation ought not to have invoked the provisions of Regulation 69 to terminate the services of the appellant on the ground that he was temporary servant.

(3.) We allow the appeal; set aside the order of termination and also the judgment of the High court.