Charan Vs. Rajasthan High Court Jodhpur  INSC 1202 (13 July 2009)
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4305 OF
2009 (@SPECIAL LEAVE PETITION (CIVIL)NO.21762 OF 2008) Ramdan Charan
Appellant(s) VERSUS Rajasthan High Court, Jodhpur Respondent(s)
Heard both sides.
The appellant was a Class-IV employee in the Jaipur District. He
joined the service in 1981. In 1982 it appears that there was a strike by the
Lower Division Clerks of the High Court and as there was dearth of sufficient
number of L.D.C.s, the appellant was promoted to the cadre of L.D.C. and was
given an appointment as L.D.C. but with a condition that if he does not pass
the requisite test his service would be terminated. The appellant could not
pass the test which qualifies him as an L.D.C. and as he has failed the test,
the authorities terminated his service in the year 1995. The appellant though
challenged his termination, he was not successful.
Heard learned counsel for the appellant and learned counsel for
the High Court of Rajasthan.
Learned counsel for the appellant now contends that if he was not
found suitable for the post of L.D.C. as he had not passed the requisite test,
the authorities should not have treated him as out of service and he was
entitled 2 to continue as a Class-IV employee. This contention, it appears, to
be fair. Learned counsel for the High Court of Rajasthan contends that in the
appointment order of L.D.C.
stated that in case he fails to pass the test, his services would be terminated
but this contention which has been accepted by the High Court does not appear
to be correct inasmuch as the person working in a lower cadre was promoted on
condition on passing the test and if he does not pass the test, he could be
reverted to the lower cadre from which he was promoted but he could not be
terminated from his service altogether. The respondent High Court is directed
to reinstate the appellant as Class-IV employee within a period of four weeks
and we make it clear that the appellant will not be entitled to any arrears of
salary for the period he was out of service. The High Court would be at liberty
to post him at any of the place(s) as a class-IV employee.
disposed of accordingly. No costs.
...............CJI. (K.G. BALAKRISHNAN)
.................J. (P. SATHASIVAM)
.................J. (J.M. PANCHAL)