STATE OF M.P. Vs. RAMESHWAR DAYAL

JUDGEMENT

(1.) PETITIONER -State has filed this petition challenging the order passed by the M.P. State Administrative Tribunal, Bench Gwalior, in OA No. 1225/98.

(2.) RESPONDENTS are the employees of the State Government. Their services were terminated. They approached the Tribunal. Tribunal, vide order dated 29.7.1995, set aside the order of termination on the ground that services have been terminated without issuing show cause notice, and respondents were given liberty to initiate action in accordance with law. Case went upto the apex Court and leave to file appeal was not granted and special leave petition was dismissed by the apex Court. Notices to show cause were issued to the respondents under rule 10 (8) of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 and 'services of respondents were terminated vide order dated 25.8.1998. It has been argued that major penalty has been imposed without following the procedure laid down in rule 14, whereas petitioner State submitted before the Tribunal that the order of termination is termination simpliciter and it would not mean that the order of termination is by way of punishment. Tribunal, therefore, allowed the petition and set aside the order of termination.

(3.) COUNSEL for the respondents submitted that the State Government has issued orders on 22.8.200 I that the employees engaged on daily wages in the hostels of Tribal Welfare Department will not be retrenched. Therefore, the respondents who have been engaged prior to 31.12.1988 are entitled to continue on daily wages.