JUDGMENT

K. Venkataswami, J.-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 said Miscellaneous Petition may now be noted.

3. The first respondent was appointed as a Sub-Overseer in the year 1951 in Chambal Hydel Scheme, Gandhisagar, by the erstwhile State of Madhya Bharat. In the year 1954, he was promoted as Overseer by the State Government. Upon re-organization of the State of Madhya Pradesh, the first respondent was absorbed as Overseer in the year 1956 and as such he was working in Chambal Hydel Scheme. While so, on 4.12.1960, a decision was taken for the transfer of Gandhisagar Power Station to the appellant Board (Madhya Pradesh Electricity Board), hereinafter referred to as the Board with effect from 19.11.1960. It was also decided