LAWS(SC)-1999-3-35

LAKHAN LAL TRIPATHI Vs. COMMANDANT GENERAL

Decided On March 10, 1999
Lakhan Lal Tripathi Appellant
V/S
Commandant General Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the Madhya pradesh Administrative Tribunal on 23-8-1991 whereby the claim petition filed by the appellant was rejected.

(2.) The State of Madhya Pradesh constituted bhumi sena (land army) under Bhumi Sena Adhiniyam, 1981 which was enforced with effect from 11-11-1981. The appellant was appointed as a Cadet Warrant Officer on 3-5- 1982. He joined the post on 4-5-1982. Thereafter, by order dated 9-11-1982, the appellant was appointed temporarily as a Warrant Officer in the scale of pay of Rs 195-300. Four years later, by an order dated 16-9-1986, his services were terminated on the ground that at the time of appointment on the post of Warrant Officer, he was found to be beyond age. The termination order recites as under:

(3.) It is this order which was challenged before the Tribunal, but the tribunal, as pointed out above, dismissed the claim petition.