ORDER

1. The present petition is filed under Article 226 of the Constitution of India claiming relief to revise his Pension Payment Order/Gratuity Payment Order (in short as PPO/GPO) by counting the period of 'Apprenticeship' as his qualifying services w.e.f. 14.6.1979 to 31.10.2011 i.e. total service period of 32 years 4 months 18 days, whereas the respondents have issued the PPO/GPO by counting his qualifying service w.e.f. 14.6.1980.

2. The facts of the case are that the petitioner being Diploma Holder in Electrical Engineering was appointed as 'Technician Apprentice' (under the Apprentice Act, 1961) under the M.P. Electricity Board Service on a fixed stipend of Rs.450/- per month and accordingly he reported and joined duty on 14.6.1979 by entering into a contract with the erstwhile M.P. State Electricity Board as per the terms and conditions contained in Annexure-I and Schedule-I & II. The following terms and conditions were mentioned in the appointment letter of the petitioner as Apprentice which are reproduced as under:-

(i) The appointment is subject to the terms and conditions stipulated in Annexure-I, Schedule-I & II enclosed.

(ii) The Technician Apprentice should report for training on or before 15-6-79 failing which it will be presumed that he is not interested in the offer and action to cancel this office order will be taken which may please be noted. No extension of time in joining the training will be given on any account whatsoever.

(iii) He will have to produce at the time of joining a certificate of his Diploma qualification for verification by the Controlling Officer to whom he is directed to report for training.

(iv) He will have to execute the Agreement Bond in the enclosed prescribed form (Annexure -II). He will also have to execute the Contract Bond, Schedule-I, II and App-5 form (in triplicate) in the enclosed prescribed forms (Annexure-III, Schedule-I & III) and submit the above documents to the Controlling Officer at the time of joining.

(v) He will be entitled to draw the stipend only after the agreement bond and Contract Bond in the prescribed form as referred to above are executed by him and accepted by this office.

3. The petitioner was appointed on the post of Sub-Engineer in the time pay scale of Rs.665-20-745-22-883-25-1008 on provisional basis. The said appointment order was subject to the following conditions:-

i) That, he has completed period of training without availing extra ordinary leave.

ii) That he will leave to pass the departmental examination in accounts and in such other subjects as may be prescribed in maximum three attempts within specified period.

iii) That the appointment is subject to medical fitness and satisfactory verification of character and antecedents.

iv) That the appointment of Shri D.P. Temle is governed by the terms and conditions framed by the Board under section 79(C) of Electricity Supply Act, 1948 as amended from time to time.

v) That the appointment will be on probation for a period of two years and would be liable enhanced at the discretion of the Board for a further period of one year.

vi) That the services of appointee during the period of probation or during the intended period of probation shall liable to be terminated without any notice and without a signing any reason.

vii) That on expiry of the probation period, the appointed shall become a temporary employee of the Board till he is confirmed by a specified order.

viii) That during the further period of temporary service, the services of the employee shall liable to be terminated by the Board by giving one month's notice or payment of one month's salary (including allowances) in lieu thereof without a signing any reason.

4. It is argued that the respondents have not counted the apprentice period for calculation of pension which is evident from Annexure P/5 where the date of appointment has been mentioned 14.6.1980 and the retirement date is mentioned 31.10.2011.

5. Co