T.N.SINGH, S.K.DUBEY, R.C.LAHOTI
Bala Prasad Rajoriya – Appellant
Versus
M. P. E. B. – Respondent
Dr. T. N. Singh J. -- 1. Two learned Judges of this Court having reached opposite conclusions and expressed conflicting views in their separate judgments disposing of this petition, the matter has come before me for resolving the controversy and final disposal.
2. Facts are few, short and simple. Petitioner was a Government servant in the Police Department and was enjoying pension after retirement. Under Order, Annexure P/1, dated 7.2.1990. passed by Director (Vigilance & Security), Madhya Pradesh Electricity Board (MPEB), he is enforcing his right to continue in service of the Board and is challenging the order passed, Annexure P/3, dated 23.8.1990 by the same appointing authority terminating his services.
3. It is necessary in the context of the sizzling controversy to extract in extenso the text of the Order, Annexure P/1:
"Shri B.P. Rajoriya retiring police personnel is re-employed as Vigilance Inspector under the Board's service for a period of one year and posted to the Office of Superintending Engineer (O&M), M.P.E.B., Morena with effect from the date of assuming charge.
2. The re-employment will be subject to the following terms and conditions:-
(i) During the period of hi
2. Delhi Transport Corporation v. D.T. C. Mazdoor Congress = (AIR 1991 SC 101)
7. Vaish Degree College v. Lakshmi = (AIR 1976 SC 888)
1. Brojo Nath Ganguly = (AIR 1986 SC 1571)
3. State of Uttar Pradesh v. Ex. Pilot Officer Arun Govil = (AIR 1990 SC 458)
8. Shiv Prakash Mishra v. Sports Authority of India = 1990 (II) LLJ 416
9. D.S. Nakara = (AIR 1983 SC. 130)
4. Binoy Kumars case = (AIR 1983 SC 865)
6. State of Assam v. Basallta Kumar Das = (AIR 1973 SC 1252)
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