STATE OF M.P. Vs. BADAR MOHAMMAD

JUDGEMENT

(1.) THIS second appeal has been preferred by the appellants against the judgment and decree passed by the District Judge, Gwalior, in Civil Appeal No. 21 -A of 1982, dated 9 -5 -1983.

(2.) RESPONDENT Badar Mohammed filed a suit in the Court of 3rd Civil Judge Class I, Gwalior, for obtaining the relief of declaration and reinstatement in the service, with back wages and all benefits. His case was that he was appointed as Warder by the Superintendent of Central Jail, Gwalior, on 4 -4 -1979 vide Ex. P/1, as a temporary employee with the condition that his services can be terminated under rule 12 of the M.P. Temporary and Quasi Permanent Govt. Servant Rules 1960, i.e., after giving him a notice of one month. The plaintiff -respondent further averred that without giving him any notice, the appellant -defendant terminated his services vide order Ex. P -2 on 28 -4 -1979 and issued a fresh order of appointment Ex. P -3 dated 25 -4 -1979 with the direction to join as a Warder at open Jail Mungaoli within 15 days from the date of this fresh order of appointment. According to the plaintiff he went to join at Mungaoli on 12 and 14 -5 -1979 but was not permitted to join, instead on 15 -5 -1979 he wag told that as he has not joined within the stipulated period of 15 days, his appointment order has expired and hence is not entitled to join.

(3.) THE trial Court dismissed the suit of the plaintiff respondent, hence he appealed to the District Judge, who reversed the judgment and decreed his suit. Now the defendant State has preferred this second appeal against the impugned judgment and decree.