RAJANI BHUSHAN MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition impugns the order dated 26-11-2005 (Annexure P/1), whereby the petitioner has been denied retiral benefits on the ground that the petitioner had not served the qualifying service of twenty years without break.

(2.) THE indisputable facts, in nutshell, are that initially the petitioner was appointed as Assistant professor (English) in Government Girls College, Raigarh, on ad hoc basis on 5-9-1983. Thereafter, in continuation he was appointed in the same capacity in Government degree College, Pathalgaon, on 8-1-1985 on adhoc basis. The Madhya Pradesh Regularisation of Adhoc Appointment rules, 1986 came into force for regularization of the ad hoc employees on 27-9-1995 The petitioner, being aggrieved by non-regulairsation of his services on the post of assistant Professor (English) filed the petition before the high Court of Madhya Pradesh at Jabalpur in Miscellaneous petition No. 1949 of 1987. On creation of the State administrative Tribunal, the said petition was transferred to the Tribunal and was re-numbered as T. A. No. 3953/1988. The learned Tribunal by its judgment and order dated 20-8-1998 (Annexure P/2) passed the following order:

(3.) FEELING aggrieved, the State filed a writ petition being No. 3814 of 2000 in this Court. This Court dismissed the writ petition on 27-6-2003 (Annexure P/4), holding that there was no illegality or infirmity in the order passed by the learned Tribunal. Pursuant to the order passed by the learned Tribunal, the respondents/state regularized the services of the petitioner with effect from 4-3-1987 by order dated 12-4-1999 (Annexure P/3 ). There was no mention about break in service during any period from 4-3-1987 till 12-4-1999.