Order

This appeal by special leave is preferred against the judgment of the Madhya Pradesh High Court, Jabalpur Bench, dated 6-3-1990 in MP No. 823 of 1988.

2. The respondent was employed after retirement from military service in the service of Indo-Tibetan Border Police (ITBP) by order dated 3.11.1979. Under the terms and conditions of the said employment offer, it was expressly stipulated that his service will be governed by Rule 16 of he CRPF Rules and that other conditions of service will be governed under the provisions of the Central Reserve Police Force Act and Rules. It is also stated in the order of employment in para 5 as follows:

“If Ex-Army Nn/Sub-Clerk Bhola Dutt is prepared to accept the post of Jem/Clerk in ITB Police on the terms and conditions mentioned above, he should report for duty to the Commandant BTC, ITB Police, Kulu (Sabeli), H.P. on or before 1.12.1979 (1st December, 1979). If he fails to report for duty by that date this offer will be treated as cancelled.”

3. Accepting the terms and conditions, the respondent joined the ITBP Service.

4. Notwithstanding such express terms in the contract of employment, the respondent approached the High Court claiming that he