VIDYA DHAR PANDE Vs. VIDYUT GRIH SIKSHA SAMITI

JUDGEMENT

(1.) This appeal by special leave is against the judgment and order dated 22nd January, 1972 rendered by the High Court of Madhya Pradesh at Jabalpur in Miscellaneous Petition No. 358 of 1971 dismissing the writ petition holding that the Regulations framed by the Board of Secondary Education Madhya Pradesh under Section 28(2)(d) of the Madhya Pradesh Madhyamik Shiksha Adhiniyam, 1955 have no statutory force and as such termination of service in violation of Regulations Nos. 71 and 79 does not entitle the appellant to a declaration that the termination was illegal and for a direction for his re-instatement in, service.

(2.) The matrix of the case in short, is that the appellant was appointed as Head Master by the Managing Committee of Vidyut Grih Siksha Samiti, Korba on probation for a period of one year on a pay-scale of Rs. 250-10-290-15-350-EB-20-450 with effect from 3-7-1968. Meanwhile, the High School became a Higher Secondary School and as such on September 1, 1969 the Managing Committee appointed the appellant as principal temporarily on a. pay-scale of Rs. 275-25-300-15-405-EB-20- with effect from July 3, 1968. The above scale was made applicable to him with retrospective effect i.e. from July 3, 1968 F.N., the date of his appointment. The appointment letter further states as follows :-

(3.) In order to effectively consider the question whether these Regulations have got statutory force or not it is necessary to set out hereinbelow the relevant Regulations :