P.S. DEO Vs. STATE OF M.P.

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction of this Court the petitioner has called in question the legal propriety of the order dated 28 -12 -2001 passed by the Madhya Pradesh Administrative Tribunal (in short 'the Tribunal) in O.A. No. 269/1993.

(2.) THE prayer of the petitioner was resisted by the answering respondents contending, inter alia, that the period between 4 -5 -1986 to 1 -2 -1987 had already been regularised and die intervening period would be determined in accordance with the provisions contained in FR -54 but he should not be extended the benefit of promotion as he was out of service. The Tribunal took note of the fact that on earlier occasion when the mailer had traveled to this Court in a writ petition this Court had quashed the order of punishment and directed the appellate authority to reconsider the appeal under Rule 27 of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (in short 'the Rules'). The appellate authority on 8 -9 -1989 accepted the appeal, set aside the order of compulsory retirement with a further direction that the period should be spent on leave as per entitlement of the applicant. Being of this view the Tribunal directed the petitioner be paid salary for the period on the basis of FR -54

(3.) WE have heard Mr. Pranay Verma, learned Counsel for the petitioner and Mr. S.K. Yadav, learned Govt. Advocate for the State.