MADHYA PRADESH ELECTRICITY BOARD Vs. S.S. MODH

JUDGEMENT

(1.) THE first respondent in this appeal moved the High Court of Madhya Pradesh at jabalpur, by filing M.P. No. 281/80 under Articles 226/227 of the Constitution of India challenging the correctness of the order dated 18.4.1979 and for a positive direction to the appellant to absorb him as Assistant Engineer like all other Junior Engineers belonging to his cadre in the Chambal Hydel Project and for consequential benefits accruing therefrom.

(2.) BRIEF facts leading to the filing of the saidmiscellaneous petition may now be noted.

(3.) THE services of the first respondent were transferred provisionally in the light of the decision taken by the State Government as mentioned above to the Board with effect from 1.4.1961 along with other employees of Chambal Project. At the time of absorption, the respondent No.1 was holding the post of Overseer (S.G.) in the pay -scale of Rs. 290 -370/ -. The post of chambal Project was equated with the post of Overseer under the Board carrying the pay -scale of Rs. 170 -315/ -. However, as the pay -scale of Overseer (S.G.) was higher than the pay -scale of the post of Supervisor/Overseer under the Board, it was decided to treat the post of Overseer (S.G.) as isolated so that the respondent No.1 is not put to financial loss. To that effect, an order was passed on 10.6.63. As the transfer of the services of the employees of the Chambal Hydel Project/Scheme to the Board was only provisional, the employees were required to exercise through option in writing within 30 days of the Notification dated 22.1.1962. Such employees were given the option either (i) to accept the services under the M.P. Electricity Board in accordance with the Board's Service Regulations and Conditions of Service as a whole or (ii) if the terms offered by the Board are not acceptable, to treat their services terminated after expiry of 30 days from the date of exercising such option. Accordingly, the first respondent opted for the service of the Board and gave a declaration in writing on 21.2.1962 accepting the services under the M.P. Electricity Board in accordance with the Board's Service Regulations and Conditions of Service as whole.