^g^S^' HiGH COURT OF CHHATTISGARH : BILASPUR WR!T PETiTION N0.1218 OF 1995 PETiTIONER RESPONDENT^ Dr. (IVIajor) Thakur Ajit Singh, M.S. (Orthopedics), son of Shri Thakur Yashwant Singh, aged about 37 years, Medicai Officer, Madhya Pradesh ESectricity Board (HTPS), Hospital, Korba West, Distt. Bilaspur and permanent resident of MIG/206, Dhanwantari Nagar, Jabaipur (MP). Versus 1. Madhya Pradesh Electricity Board, through its Chairman/Secretary, Shakti Shawan, Jabalpur (MP). 2. Additionai Secretary, Madhya Pradesh Electricity Board, Shakti Bhawan, Jabaipur (MP). 3. Chhattisgarh State Electricity Board, through its Chairman, Danganiya, Raipur (CG). 4. Secretary, Chhattisgarh State Eleetricity Board, Danganiya,Raipur(CG). 3. 6. Additiona! Secretary, Chhattisgarh State Electrioity Board, Danganiya, Raipur (CG). State of Chhattisgarh, through the Secretary, General Administration Department, D.K.S. Bhawan, Mantraiaya, Raipur (CG). 7. Union of India, through Defence Secretary, Ministry of Defence, Govemment of india, New DeShl. _ (Writ petition under Articte 226 of the Constitution of tndia) ingle Bench : Hon'ble Shri Satish K. Aonihotri, J. Shri Manindra Shrivastava, Sr. Advocate wifh Shri indrasen Sahu, counsel for ttie petitioner. None for the respondente No.land 2. Shri Pankaj Shrivastava, counsel for the respondents No.3, 4 and 5. Shri Arun Sao, Govt. Advocate for the State/respondent No.6. Ms. Sharmila Singhai, Assistant Solicitor General for the Union of India/respondent No.7. ORAL ORDER (Passed on this 20th day of March, 2009) t i. -^ •-f -n |ft"tsgiiaj, lll ' ":":'1i: Gowri With the consent of tearned counsel appearing for the parties, She petition is heard finally. 2) Bythis petition, the petitioner seeks the following reltefe : "7.1 The Hon'ble Court be pleased to quash the order dated 16-3-1993 (Annexure - A/12) and dated 29-9-1993 (Annexure - A/14). 7.2 The Hon'bte Court be pleased to issue the writ in the nature of Mandamus and dirsct the respondent to give relief to the petitioner in respect of advance incremsnte and in his pay fixatlon equa! to the number of completed years of service in armed forces and counting of this period for pension purposes in accordance with the Govemment circulars Annexure - A/6 and Annexure - A/7." 3) The facts, in nutshell, for disposal of the petition, are that the petitioner is an Ex-Service Military Personne! (Short Service Commissioned Officer and Emergency Commissioned Qfficer) Medical Corps. The petitioner was released from ths Militery Service on completion of his initiat tenure of short service commission on 2-6-1989 and thereafter, he joined the services of the MPEB. After joining in the sen/ice, the petitioner submitted repressntation for grant of financial benefits; the same has been rejected by the Electricity Board. 4) lt has been made clear by the office of the Controiler Defence Accounts (0) (forshort "the CDA") by letters dated 4-9-2008 & 17-9-2008 {hat the pefflioner was paid a sum of Rs.25,750/- as gratuity by the office of the CDA and the same is required to be refunded by the petitioner to the CSEB. After depositing of the said amount, the petitioner woutd be entitled to the benefits of past service in defence department. 5) In view of the ciear stand taken by the ofRce of the CDA, accordins So the iearned counsel for the petitioner nothing remains to be adjudicated in this petition. The petitioner is accordingly directed to deposit gratuity amount of Rs.25,750/- with the CSEB, Raipur, and thereafter he shall be entitled to aH the benefite of his past service in defence, in accordance with the ru!es. 6) Accordingly, the petition stands disposed of. No order asto costs. 7) Consequentiy, ail the pendinfl applications also stand disposed of. fc -J. Sd/- Satish K. Agnihoiri Judge '^ 4] .—?'