BHAWANI SINGH, A.K.MISHRA
Punpratap Singh And Anr. – Appellant
Versus
State Of M. P. And Ors. – Respondent
Bhawani Singh, C.J.
1. Petitioners have by this petition challenged the Order of the State Administrative Tribunal dated November 2, 1998 holding that the Tribunal has no jurisdiction to entertain the petition.
2. The petitioners are Home Guard Sainiks. They claim that they are holders of civil post under the State; therefore, the State Administrative Tribunal has jurisdiction to entertain the dispute raised by them. The submission is rested on the ground that their appointment is made under statutory rules formulated by the State Government. There existed master and servant relationship between Home Guards and the State which can deal with them from time to time as per provisions of law. The contention of the petitioners did not find favour with the Tribunal resulting in the dismissal of their application.
3. Shri Syed Abdul Wakil, learned counsel for the petitioners has advanced the same submissions which were raised before the Tribunal. Reliance is placed on some decisions of Supreme Court, namely, AIR 1955 SC 404 (Shivnandan v. Punjab National Bank); AIR 1960 SC 997 (Piyare Lal Adishwar Lal v. Income Tax Commissioner); AIR 1961 SC 564 (Dasaratha Rama Rao v. State of A.P.); AI
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