Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Appointment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Appointment – Validity of – One 'S' was working as Junior Accounts Clerk - Later, he was promoted as Assistant Accountant giving rise to a vacancy in the post of Junior Accounts Clerk – Thereafter, the Selection Committee interviewed the candidates for the post of Junior Accounts Clerk – Appellant was selected by respondent no. 1 for the said post – However, by order dated 11.11.1992, the promotion of 'S' as Assistant Accountant was cancelled by respondent no. 1 – Consequent to which, the appointment of the appellant as Junior Accounts Clerk was terminated – Both 'S' and appellant filed writ petitions against the order dated 11.11.1992 – In the writ petition filed by 'S', High Court stayed the order dated 11.11.1992 for 3 months – However, the writ petition filed by the appellant was dismissed – Pursuant to the order of the High Court in writ petition of 'S', respondent no. 1 stayed the cancellation of promotion of 'S' and re-appointed appellant till 27.02.1993 – On 27.02.1993, appellant was asked to hand over the charge of his post to another person – Appellant filed writ petition against the order dated 27.02.1993 and the said order was stayed by the High Court - Appellant was re-appointed – 'S' by virtue of the interim order passed in his writ petition attained the age of superannuation – The writ petition filed 'S' became infructuous due to efflux of time and was dismissed – Meanwhile, appellant also continued working and was even promoted – On 02.02.2012, the writ petition filed by the appellant was dismissed and the Single Judge of High Court held that appointment of the appellant was made without following the procedure of law and his appointment was limited till 27.02.1993 – Division Bench of High Court further held that since writ petition filed by 'S' was dismissed, his reversion had attained finality and consequently there was no vacancy on the post of Junior Accounts Clerk hence, the appellant had no right to continue on his post – On appeal, held : The appointment of the appellant was made by Selection Committee Constituted under 1985 rules after calling the names from Employment Exchange, the appointment was not made in disregard to the statutory rules – Further, no challange was made to the appointment by any candidate nor appointing authority had questioned the appointment – As far as appointment of appellant till 27.02.1993 is concerned, the order dated 01.01.1993 refers it as an order of re-appointment but in essence it was an order reinstatement of appellant – The Single Judge of the High Court lost sight of the fact that the date 27.02.1993 was mentioned in letter dated 01.01.1993 because of the fact that interim order of 'S' was continued after 3 months, the appellant also had become entitled to continue – Insofar as dismissal on merits, it was dismissed as infructuous by efflux of time without determination of any issue – Also, when 'S' never reverted on his post and continued on his promotional post till his retirement, it was a too technical view that vacancy of his original post came to an end by dismissal of writ petition – The dismissal of the writ petition as infructuous cannot altogether wipe out the right of the appellant to continue on his post of Junior Accounts Clerk on which 'S' never returned in fact – Therefore, Judgment of the Single Judge and Divison Bench of High Court set aside. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 1408 |
Petitioner | Rana Pratap Singh |
Respondent | Vittiya Evam Lekha Adhikari, District Basic Education Officer And Ors. |
SCR | [2019] 15 S.C.R. 177 |
Judgement Date | 2019-12-18 |
Case Number | 9220 |
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