Pandey Vs. State of U.P. & Ors  INSC 686 (22 April 2008)
H.K. SEMA & MARKANDEY KATJU
O R D E R CIVIL APPEAL NO.2320 OF 2002 WITH
CIVIL APPEAL NO. 2323 OF 2002 CIVIL APPEAL NO. 2320 OF 2002 The appellant was
appointed as a Junior Clerk. By an order dated 13.07.1989 she was promoted on
officiating basis to the post of Stenographer. By the impugned order dated
28.04.1990 the officiating promotion of Stenographer has been cancelled and she
was reverted to the post of Junior Clerk. Aggrieved thereby, the appellant
approached the Tribunal.
The Tribunal quashing the order of reversion, in our view, erroneously, and
directed the reinstatement of the appellant with back wages.
Aggrieved thereby, the State preferred a writ petition before the Division
Bench of the High Court which was partly allowed by the High Court, holding
that while the respondent (appellant herein) would be reinstated she would not
be entitled to back wages. The High Court further directed the State to hold a
departmental inquiry. Aggrieved by the aforesaid observation of the High Court
the appellant has filed this appeal by special leave.
: 2 :
By now, it is a well settled principle of law that a person holding a post
on officiating or temporary basis has no right to the said post vide State of
Kaushal Kishore (1991) 1 SCC 691. Hence he can be reverted at any time
without issuing a show cause notice or holding an enquiry. The Tribunal,
therefore, fell in error in upsetting the order of reversion of the appellant
to the post of Junior Clerk which post she was holding substantively. Also, the
High Court's order directing a departmental enquiry was totally misconceived.
There is no need for holding such an enquiry while rejecting a person holding a
post on an officiating basis. An enquiry would only be necessary if he was
holding the post on a permanent capacity.
We see no merit in this appeal and same is accordingly dismissed.
CIVIL APPEAL NO. 2323 OF 2002 In view of the observation made in C.A.No.2320
of 2002 this appeal is allowed.
The order of Tribunal and the High Court for reinstatement is accordingly