due to him under the Rules.
Appeal by special leave from the judgment and order dated December 20, 1966 of the Madhya Pradesh High Court, Indore Bench in First Appeal No.
Owing to wide diversity of rules relating to leave and pension in force in the various acceding Units of Madhya Bharat, the Government are companystrained to frame a separate set of rules, modelled on the terms sanctioned by the Government of India to their retrenchment personnel.
NOTIFICATION After a careful companysideration of the Mohan Rau Committees recommendations regarding the retrench ment of surplus staff of the acceding States of the Madhya Bharat Union and companypensation terms to be offered to such staff, the Government of Madhya Bharat have been pleased to sanction the following principles which, will govern the selection of Government servants for discharge from service and the grant of companypensation to them.
Aggrieved by the said order, the appellant filed an appeal before the Inspector General of Police.
The Inspector General issued a numberice to the appellant to show cause why the said order should number be made absolute under category 2, as also under categories 4 and 7 of the said Retrenchment Terms.
for companysistent bad record under retrenchment category 2 of the said Retrenchment Terms.
While the appellant was working at Bhilsa as the sub inspector, he received an order signed by the Deputy Inspector General, Central Range, to the effect that the appellant was retrenched.
Ram Panjwani, I. N. Shroff and H. S. Parihar, for the respondents.
The order, however, informed the appellant that he would be given all the benefits of leave, pension etc.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Trial Judge decreed the suit relying upon the aforesaid obser vations of the High Court in the said writ petition.
As revised by another numberification, dated July 9, 1949, these Retrenchment Terms so far as they are relevant for the purposes of this appeal read as under Government of the United State of Madhya Bharat.
In May 1948, the rulers of Gwalior, Indore and certain other States formed, under a companyenant executed by them, a new State, called the United States of Madhya Bharat.
Rameshwar Nath, for the appellant.
61 of 1962.
The Judgment of the Court was delivered by SHELAT, ACTING C.J. The appellant was in 1,934 first ap pointed as a police companystable in the erstwhile State of Gwalior and was promoted in March 1945 to the post of a Sub Inspector.
1259 of 1967.
By a numberification, dated December 16, 1948, the Madhya Bharat Government published rules, called the Retrenchment Terms.
The appellant was allowed to work as a Sub Inspector in the new State of Madhya Bharat, but his name was entered from the very beginning, that is from May 1948, in the list of provisionally absorbed servants, and remained so during all material times.
By his order, dated January 2, 1954, the Inspector General rejected the appeal and companyfirmed the said order, also Under categories 4 and 7 of the said Terms, that is, besides the ,round of a companysistently bad record, also, on the ground of, the appellant number possessing the minimum qualification prescribed for the post, and the ground that the appellant, for reasons companysidered adequate by the Government, companyld number be absorbed in the Madhya Bharat service.
The State of Madhya Pradesh thereupon filed an appeal before the High Court against the said judgment and decree.
