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2022 Supreme(SC) 282

S. RAVINDRA BHAT, K. M. JOSEPH
GWALIOR DEVELOPMENT AUTHORITY GWALIOR – Appellant
Versus
SUBHASH SAXENA – Respondent


JUDGMENT

K.M. Joseph, J.

1. Delay condoned in SLP (C) No.25303 of 2016. Leave granted.

2. The five Appeals in question, raise some common issues and they are being disposed of by this common Judgment.

3. Respondent no.1 was appointed as Sub-Engineer in Special Area Development Authority “(SADA)”, Malajkhand by Order dated 24.06.1982. He was promoted as assistant Engineer by order dated 03.11.1987 by SADA w.e.f. 07.09.1987. The State Government, by Order dated 20.12.1988, modified the earlier order dated 12.01.1988 and posted respondent no.1 in Gwalior Development Authority (hereinafter referred to as, ‘the GDA’), Gwalior as Assistant Engineer. He joined in GDA on the basis of letter dated 29.12.1988.

4. It is the case of the State that during the probation period of the first respondent, the first respondent was transferred initially to SADA, Chirmiri, and later on, Order of Transfer was modified to make it a transfer to GDA, Gwalior. On 27.05.1995, State issued instructions to all Development Authorities and SADA that employees, who had been transferred and not yet been absorbed in the Institution, shall be treated as employees of the parent Institution. On 22.06.1995, the State Govern

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