SUDHIR JAISANI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition, the petitioner has sought the benefit of his previous Army Service for the purposes of pay, allowances and seniority. He has also sought quashment of Annexure -A -9 dated 10 -2 -1993 disentitling him from the said benefits.

(2.) IT is no more in dispute that the petitioner did serve in Defence from 27 -10 -1979 to 22 -1 -1985. This fact is also not in dispute that after having served for near about 5 years in Defence initially the petitioner was appointed as C.M.O. in Gas Relief Hospital, Bhopal where he served from 19 -2 -1988 to 30 -1 -1989 and from 31 -1 -1989 he is serving on the post of Assistant Surgeon.

(3.) COMBATING the aforesaid submissions, it has been contended by Shri Nema, learned Govt. Advocate that the petitioner is not entitled for the reliefs which he has sought and the order Annexure -A -11 dated 31 -1 -1992 which is in favour of Dr. Mahesh Dixit was later on recalled vide Annexure -R -1 dated 26 -8 -1995 and, therefore the case of the petitioner is not at par with that of Dr. Mahesh Dixit. Facing this tight corner, Learned Counsel for the petitioner has invited my attention to sub -rule (1) (b) to Rule 18 of the Rules and has also invited my attention to Annexure -A -8 which is a letter written by Director, Health Services to the Secretary intimating him that the petitioner had already deposited a sum of Rs. 6,000/ - which he had received towards gratuity from his Army Services. The said amount of gratuity has been deposited by the petitioner in Government Treasury.