MAHIPAL SINGH Vs. M P GRIH NIRMAN MANDAL

JUDGEMENT

(1.) THE petitioner was initially appointed as a Sub-Overseer on July 11, 1957 in the Madhya Pradesh Public Works Department (B. and R.), Bhopal Division, Bhopal. His appointment was later on regularised as Overseer with effect from July 18, 1957. The petitioner was confirmed on the post of Overseer in the Public Works Department with effect from January 1, 1971 by order of the Chief Engineer. By order No. 1630 dated November 2, 1968 the services of the petitioner were entrusted to the Housing Department of the State of Madhya Pradesh as an Assistant Engineer for a period of six months. Vide order No. 1536 dated November 14 1969 of the Department of Housing, his period of temporary posting as an Assistant Engineer in the M. P. Housing Department was extended until further orders. Subsequently, concurrence to his promotion as an Assistant Engineer was also accorded on November 20, 1973, vide Annexure-P/8, issued by the Under Secretary to Government Housing Department, addressed to the Secretary, Public Service Commission, M. P. , Indore, intimating that the petitioner Mahipal Singh should be deemed to have been absorbed in the Housing Department.

(2.) BY another order No. 3817 dated November 27, 1973 of the Housing Department, the Government directed that the services of all the officers in the Housing Department be provisionally placed at the disposal of the Madhya Pradesh Housing Board with effect from January 1, 1974, on the same terms and conditions of service which were applicable to them on or before January 1, 1974. It was further mentioned therein that their services under the M. P. Housing Board from January 1, 1974 shall be treated by the Board as continuous for all purposes, such as, leave, pension etc. and the transfer of an employee in accordance with that order shall not amount to a break in service. It was further mentioned that in the event of any dispute about the terms and conditions of service as applicable to an individual employee immediately before January 1, 1974, the decision of the State Government shall be final and binding on the Board as well as the employee. That is how the petitioner's services have been placed at the disposal of the M. P. Housing Board.

(3.) RULE 42 of the M. P. Civil Services (Pension) Rules, 1976 (hereinafter called the Pension Rules) confers power on the appropriate authority to order premature retirement of a Government servant. By virtue of Section 15 of the M. P. Griha Nirman Mandal Adhiniyam, 1972, the Pension Rules of 1976 are applicable to the petitioner in relation to his remuneration and other conditions of service which reads as under:-42. Retirement on completion of 20/25 years' qualifying service.