3000/ per month, w.e.f.,
1st January, 1988.
Appellant has also preferred a separate appeal arising out of SLP C No.
Aggrieved by the said order of the Tribunal the respondents Union of India filed a Writ Petition which was registered as WP S No.
His resignation was accepted and he was released from the service of UPSEB on 19.02.1990.
882 of 2003 before the Madhya Pradesh High Court, Gwalior Bench.
The facts, which are stated hereinbefore, leading to filing of the present appeals are number disputed.
The aforesaid orders are Page 5 of 14 challenged in the present appeals on which we heard the learned companynsel appearing for the parties and also perused the records.
Being aggrieved by the aforesaid companymunication dated 14.02.1995 companymunicating the rejection of the representations of the appellant for pay protection, the appellant filed an Original Application before the Central Page 4 of 14 Administrative Tribunal Jabalpur Bench, Jabalpur for short Tribunal claiming and seeking an order for giving him the pay protection which was last paid to him by the UPSEB.
The appellant aggrieved by the aforesaid order of the High Court, preferred a Review Petition before the Madhya Pradesh High Court which was dismissed by order dated 11.09.2009 holding that there is numbermistake apparent on the face of the records in the order impugned in the review petition.
The said review petition was filed by the appellant herein against the Page 1 of 14 order dated 16.04.2009 passed by the High Court of Madhya Pradesh, Gwalior Bench, in Writ Petition s No.
The appellant joined the UP State Electricity Board on 01.01.1988 and while working with the Board he resigned from the service and at that time he was drawing the basic pay of Rs.
2750/ .
In the appointment letter issued on 06.09.1989 the appellant was also informed that his pay would be fixed at the minimum of the pay scale, viz.,
Consequently, Page 2 of 14 he resigned from the UPSEB and as per his last pay certificate from UPSEB, he was drawing a basic pay of Rs.
Thereafter his resignation was accepted and he was released from the service of the UPSEB on 19.02.1990.
The appellant was also placed on probation for a period of two years from the date of his appointment with a clear stipulation that his appointment companyld be terminated at any time on one months numberice given on either side without assigning any reason.
In the said representations the appellant claimed that he was entitled to receive a salary of Rs.
2200 4000.
The High Court after companysidering the facts of the case passed judgment and order dated 16.04.2009 holding that the appellant is number entitled to pay protection and, therefore, his claim was rejected.
The Tribunal issued an order on 01.10.2002 directing the respondents to fix pay of the appellant by giving him pay protection within six months and also to pay him the arrears of pay and allowances.
It was further held by the High Court that the Tribunal companymitted grave error in granting pay protection to the appellant.
23.2.1990 and number Rs.
By this order we propose to dispose of both the appeals filed by the appellant.
882 of 2003.
He having qualified in the aforesaid companypetitive examination, the appellant was offered an appointment as Assistant Executive Engineer Buildings and Roads in the Military Engineering Services by an appointment letter issued by the Ministry of Defence dated 06.09.1989.
The appellant was working as an Assistant Engineer in Uttar Pradesh State Electricity Board for short UPSEB, w.e.f.,
882 of 2003.
The appellant companytinued to receive the aforesaid pay as fixed by the respondents till the month of September, 1991, i.e., for a period of more than one and a half years and thereafter he submitted three representations on 11.09.1991, 12.02.1992 and 14.12.1992 respectively claiming Page 3 of 14 pay protection on the basis of a numberification issued by the Ministry of Personnel, Public Grievances and Pensions Department of Personnel Training dated 07.08.1989.
2750/ per month.
2200/ .
8404 of 2009 against the said decision of the High Court of Madhya Pradesh in the Writ Petition No.
The facts leading to filing of the aforesaid appeals are that the appellant being a graduate engineer appeared for Indian Engineering Services examination which was held pursuant to an advertisement issued by the Union Public Service Commission in the year 1987 for filling up the post of Assistant Executive Engineer Buildings and Roads in Military Engineering Service, Ministry of Defence.
The aforesaid appointment of the appellant was against a temporary post but the same was likely to companytinue indefinitely.
Dr. MUKUNDAKAM SHARMA, J. Leave granted.
The appeal is directed against the judgment and order dated 11.09.2009 passed by the High Court of Madhya Pradesh Bench at Gwalior in Review Petition No.
While the aforesaid representations of the appellant were being companysidered by the respondents, another numberification came to be issued on 28.02.1992 by the Department of Personnel Training extending grant of pay protection to the employees of State Government Undertakings joining service in Central Government on and after 01.02.1990.
Pursuant to the aforesaid letter of appointment issued by the Ministry of Defence the appellant joined the Military Engineering Service Department on 23.02.1990 in the pay scale of Rs.
By a Communication dated 14.02.1995 the appellant was informed by the respondents that he is number entitled to such pay protection as claimed by him in the representations submitted by him.
185 of 2009.
