R P SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the order passed by the respondent-Tribunal dismissing his application filed under Section 19 of the Administrative Tribunals Act, 1985, wherein he had prayed for issuing a direction requiring the respondents to calculate the period of service rendered by him in the judicial department from 10-9-1955 to 30-9-1961 for all the pensionary benefits in view of the condonation of the interruption in his service and a further direction requiring the respondents to grant him the encashment of 93 days earned leave along with interest at the rate of 18% per annum, he has now approached this Court seeking redress praying for the quashing of the said order.

(2.) WE have heard the petitioner who is present in person as well as the learned Government Advocate representing the State/contesting respondents and have carefully perused the record.

(3.) THE facts in brief necessary for the disposal of this case lie in a narrow compass : The petitioner was initially appointed as a Lower Division Clerk in the Office of the District and Sessions Judge, Gwalior on 10-9-1955. He served as such upto 30-9-1961, on which date he was discharged from the service due to reduction in the establishment. In the year 1962 several vacancies were advertised and the applications for the appointment as Assistant Police Prosecutor were invited and the selection for the appointment was held by the Madhya Pradesh Public Service Commission. The petitioner applied for the same and the advantage of the age relaxation available to the retrenched Government servants was granted to him. He was selected and appointed as the Assistant Police Prosecutor on 1-2-1964 and on attaining the age of superannuation retired on 30-9-1994 from the post of Joint Director of Prosecution under the Home Department.