BENI PRASAD Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) THE Petitioner was a Superintendent in the office of the Accountant General, Madhya Bharat. On April 1, 1950, the establishment of the Accountant General, M. B., was taken over by the Comptroller and Auditor General of India (hereinafter called the Auditor General). By a Memo dated July 2, 1951, the Petitioner was informed that the Auditor General had approved the gradation of the non gazetted staff of the office of the Accountant General, Madhya Bharat, and according to it the Petitioner had been "considered fit for absorption in the Selection Grade of the Upper Division Clerks (provisional) in I. A. A. D."

(2.) SINCE several men had been 'provisionally graded' in the different grades, the Auditor General issued his "Instructions" to the Accountant General Madhya Bharat (hereinafter referred to as the Accountant General), in pursuance of which the following Order dated September 8, 1951, was issued in respect of the Petitioner:

(3.) ALL these facts are substantially admitted by the Respondent. It is, however stated, in the Return that the Petitioner who was posted to work as a Superintendent was styled as a 'Clerk -in -charge' from 1 -4 -50 to 9 -8 -1955 (not 13 -8 -55) with a break from 23 -11 -53 to 1 -12 -53, during which period he was reverted as a Selection Grade Clerk.