BRAHAMDUTTA GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONER who was working in the post of Accounts Officer, Municipal Corporation, Gwalior and had retired from service on attaining the age of superannuation on 30-6-2003, feels aggrieved by action of the respondents in passing order Annexure P-1 dated 7-8-2003 withdrawing an earlier order dated 28-6-2003, granting contract appointment to the petitioner for a period of one year after his retirement.

(2.) CASE of the petitioner is that he had a long experience of working in the Accounts Section of Municipal Corporation, Gwalior and considering his experience and requirement in the Municipal Corporation after his retirement on 30-6-2003, a resolution was passed by the Mayor in Council vide Annexure P-3 on 24-5-2003 resolving to grant contract appointment to the petitioner for a period of two years after his retirement. The aforesaid resolution was forwarded to the State Government and sanction and permission was granted by the State Government vide order Annexure P-4 dated 28-6-2003. for appointing the petitioner on contract basis for a period of one year with effect from 1-7-2003.

(3.) IT is stated that the petitioner joined and was working when intervenors filed a writ petition in the nature of a Public Interest Litigation challenging the order of contract appointment issued to the petitioner. When notice on the aforesaid Public Interest Litigation was issued, instead of justifying the action the Government and the Corporation withdrew the order of appointment, granted in favour of the petitioner by the impugned order Annexure P-1 and reported to the Division Bench of this Court that the appointment of the petitioner has been withdrawn. The Public Interest Litigation was dismissed as having rendered infurctuous, contention of the petitioner in the present petitioner is that the respondent Municipal Corporation having resolved to appoint the petitioner for two years and the Government having appointed the petitioner for one year, terminating his service before the period stipulated in the order is illegal and arbitrary.