BALA PRASAD RAJORIYA Vs. MADHYA PRADESH ELECTRICITY BOARD

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of a writ of mandamus commanding the respondents/M.P. Electricity Board through its Chairman and othera (for short, the 'Board') to continue him in employment till the expiry of the period of one year as per appointment order (Annexure P/1) dated 7 -2 -1990 and for quashing of the order of termination of re -employment (Annexure P/3) dated 23 -8 -1990.

(2.) THE facts leading to this petition are that the petitioner on his retirement from Police Department from the post of Inspector, was appointed as Vigilance Inspector by the Board for a period of one year on the terms and conditions contained in Annexure P/1; the contract was terminable in terms of condition No. (iv) by either side on one month's notice or on one months salary (including allowances) in lieu thereof. The petitioner was posted in the office of Superintending Engineer (O and M ), Morena, where he assumed the charge on 4 -4 -1990. The Board served a notice (Annexure P/3 dated 23 -8 -1990) on 24 -8 -1990 on the petitioner terminating his employment on the expiry of one month from the date of service of the said notice. The petitioner having failed in his representation against the order of termination of service, presented this petition.

(3.) TRUE , ordinarily, when State or an Authority entering into the field of ordinary contract, acts purely in its executive capacity, then relations are governed not by the constitutional provisions but by the legal valid contract which determines the rights and obligations of the parties inter se They can claim only rights conferred upon them by the contract in the absence of any statutory obligations on the part of such Authority (i.e., the Board, in this case) in the said contractual field.