M.P. ELECTRICITY BOARD Vs. DEV NARAYAN PATEL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred against the order passed by the High Court of Madhya Pradesh in a review petition filed by the appellant Electricity Board, seeking review of the Judgement dated 25.8.1999 in LPA No. 391 of 1998. The events leading to the filing of the review petition are set out hereinafter:

(3.) The second round of litigation is generated by the refusal of the Electricity Board to consider the above representation of the respondent, leading to the filing of a fresh writ petition praying for a direction to regularise his services as Assistant Engineer w.e.f. 20.12.1976 and to grant him all consequential benefits. This writ petition was allowed by the learned Single Judge of the High Court on 22.9.1998. The High Court found no justification in requiring the petitioner (respondent herein) to undergo fresh training when he had already completed the training in the year 1978. The learned Single Judge of the High Court held that the Electricity Board cannot take advantage of its own wrong in terminating the services of the respondent on the ground of medical unfitness. The learned Single Judge, therefore, held that the writ petitioner was entitled to be appointed in the year 1978 and he is also "entitled to all the benefits for the period for which he was constrained to remain out" because of the wrong report submitted by the Medical Board. The Electricity Board carried the matter in appeal. The Division Bench of the High Court disposed of the LPA by its order dated 25.8.1999. While substantially upholding the order of the learned Single Judge, the appeal was partly allowed and the arrears of salary from 1978 to 1992 was reduced to 50%. The arrears of salary were directed to be paid within three months failing which 15% interest was to be paid. With that modification, the LPA was dismissed. It appears that aggrieved by the order of the Division Bench of the High Court in LPA reducing the quantum of arrears of salary, the respondent preferred the SLP which was dismissed in limine on 9.5.2000.