- (1.) THIS is a petition under Articles 226 and 227 of the Constitution of India challenging the impugned order dated 25-7-1989 (Annexure A-13 ).
(2.) THE petitioner was a permanent Upper Division Clerk in Special Area Development Authority, Khajuraho (hereinafter called 'sada'), district Chhatarpur. The Town Improvement Trust, Chhatarpur (hereinafter called 'the Trust1) intended to create and fill up one post of Head Clerk under it. On 3-6-1986, the petitioner applied for the said post vide application (Annexure A-1) through proper channel. The Special Area Development Authority forwarded the said application along with its own recommendation dated 12-6-1986 (Annexure A-2) and its copy to the State Government.
(3.) ON receipt of the said application, the Trust addressed a letter dated 17-2-1987 (Annexure A-3) to the State Government to sanction creation of one post of Head Clerk. The Trust needed an experienced person and the petitioner fulfilled all that was required for recruitment to that post. The Trust decided to appoint the petitioner on receipt of permission from the State Government to create the said post. The Special Area Development Authority also conveyed its decision to relieve the petitioner in the event of his appointment as Head Clerk in the Trust. On 7-8-1987, the Trust reminded the State Government through letter (Annexure A-5) to accord approval early to the proposed appointment of the petitioner as Head Clerk for which both the authorities agreed and the Trust had also allocated funds in the Budget. The Trust was competent to appoint him subject to the approval of the State Government. In response to SADA's letter (Annexure A-2), the State Government transferred the petitioner as Head Clerk under the Trust. By letter dated 14-10-1987, the Trust informed the State Government that the petitioner assumed charge of Head Clerk on 9-10-1987. On the same day, the Trust also addressed a letter Annexure A-8 to SADA requesting it to send petitioner's all service records immediately. Meanwhile, the Trust also fixed the petitioner's pay on revised scale at Rs. 1290-2040 of the post of Head Clerk as per Annexures A-9, A-10 and A-11. On 15-3-1988, the State Government accorded sanction through communication Annexure A-12 for creation of one post of Head Clerk in the Trust. Later the Trust published a combined gradation list Annexure A-14 showing the petitioner as Head Clerk with effect from 9-10-1987.;