SURENDRA KUMAR CHATURVEDI Vs. STATE OF M.P

JUDGEMENT

(1.) THIS petition was originally filed before the State Administrative Tribunal, Jabalpur on 10.12.2001, however, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.

(2.) BY this petition, the petitioner is seeking relief for quashment of order dated 23.8.2001 (Annexure A -12) with a further direction to the respondents to pay full pension, gratuity and other retiral benefits to the petitioner with interest at the rate of 18% per annum.

(3.) THE post of pump operator in Water Resources Department is work charged establishment post. In that regard the petitioner has filed Annexure P -2. According to the petitioner, his service conditions are governed by M.P. Irrigation Department Work Charged and Contingency Paid Employees Recruitment and Conditions of Service Rules, 1977 (in short "the Rules of 1977"). The contingency paid employee has been defined under rule 2(b) of the Rules and according to which a contingency paid employee would mean a person employed for full time in an office or establishment and who is paid on monthly basis and whose pay is charged to office contingency employees who are employed for certain period only in the year.