ARJUN KUMAR ASSUDANI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner was appointed vide order dated 28.3.1970 (Annexure P-1)on the post of Assistant Surgeon in the Health Department of the State of Madhya Pradesh. The said appointment was temporary and it was specifically mentioned that the appointment is for a fixed period of six months or till the post is advertised by the Public Service Commission which ever is earlier. On 6.2.1985, (Annexure P-3) his services were terminated with immediate effect. Feeling aggrieved, the petitioner approached to the Civil Court by filing a civil suit.

(2.) The trial court after recording the evidence dismissed the said suit filed by the petitioner. The judgment and decree of the trial court was challenged by the petitioner in Civil Appeal before the appellate Court. On constitution of the M.P. State Administrative Tribunal (for short 'Tribunal'), the appeal was transferred to the Tribunal and renumbered as Transfer Application No.3633/1988. The Tribunal allowed the petitioner's transfer application and directed to the respondents to reinstate the petitioner without any arrears of pay. In compliance of the aforesaid order of the Tribunal, the petitioner was ordered to be reinstated by the respondents vide order dated 20.4.1992 (Annexure P5). As a result, the petitioner joined his duties w.e.f. 11.5.1992 (Annexure P-6).

(3.) On 20.09.1992 (Annexure P-8), the petitioner applied for voluntary retirement from Government service. On completion of the notice period of three months vide letter dated 21.12.1992 (Annexure P-9), the petitioner informed to the fifth respondent/Dean, S.S. Medical College, Rewa as follows: "he presupposes that his application for voluntary retirement has been accepted, therefore, he may be relieved as he is taking retirement from 21.12.1992".