SIKRI, J - (1.) THE Judgment of the court was delivered by
(2.) THIS appeal by special leave is directed against the judgment of the Allahabad High court, Lucknow bench, dismissing the special appeal filed by the appellants against the judgment of the learned Single Judge, who had allowed the writ petition filed by Ram Naresh Lal, respondent before us. The learned Single Judge had quashed three orders : (1) the order of suspension, dated 18/08/1960; (2) the order of dismissal, dated 29/07/1961 and (3) the order of the government, dated 22/09/1962. In ,order to appreciate the points which have been debated belore us it is necessary to state the facts somewhat in detail. The respondent was appointed as a temporary Accounts Supervisor in the Agriculture Department by the Director of Agriculture by his order, dated 26/03/1947. On 19/02/1949, he was transferred to the Agricultural Engineering Department as a temporary Assistant Accountant by the 174 Director of Agriculture, U.P. With effect from August 24, 1952, the Agricultural Engineering Department was abolished and merged in the Irrigation Department. On 29/06/1954, the respondent was transferred on deputation as an Assistant Accountant in the Office of the Development Commissioner (Planning Department). On 15/07/1955, the government issued G. O. No. B-810/XXXII-A. The whole of the G. O. is not available on the record. Two portions have been reproduced in the affidavits of the parties. One portion reads : "The powers to order transfer and to award punishment to such staff during the period that it is on deputation with the Development Commissioner, will be exercised by the Development Commissioner himself." The earlier portion reproduced in the rejoinder of the respondent reads : "This staff together with that already placed by you earlier at the disposal of the Development Commissioner should be treated as on deputation with the Development Commissioner." By order, dated 10/09/1955, of the Superintending Engineer, Agricultural Engineering Circle, the respondent was confirmed on a permanent pensionable post of Junior Clerk in the Workshop Service in the Irrigation Department, with effect from 1/04/1955. By his order, dated 31/05/1957, the Development Commissioner assigned to the respondent a temporary post of Senior Clerk in the Minor Irrigation Section of his office with effect from 1/04/1957. On 21/05/1958, in its letter No. 1195/XXXV-B-587, addressed to the Development Commissioner the government stated that : "the governor has been pleased to order that the entire staff on deputation with you from Irrigation Department for the execution of the Minor Irrigation Schemes should be treated to have been transferred to your control with effect from the date of issue of these orders. ' ' The letter further stated : "I am, therefore, to request that the staff at present on. deputation may be given the option to elect their permanent transfer in the Planning setup or go back to their parent department, viz., Irrigalion Department. You may issue a fresh order of appointment of staff, who elect to remain in Planning Department. Their services will be deemed as continuous."
(3.) ON 7/07/1958, the Deputy Development Commissioner directed Subordinate Offices to obtain the option of the staff transferred from Irrigation Department to the Planning Organization for execution of Minor Irrigation Schemes and the form of election and a copy of this letter was endorsed to the respondent. The form of election was in the following terms : "In accordance with the ciders issued in Planning 'B' Department G. 0. No. 1195/XXXV-B-587-56, dated 21/05/1958, I............. (Name and Designation), hereby elect (i) to be transferred in the Planning Setup and reappointed by the Development Commissioner................ 175 (ii) to go back to my parent department. Date............ Signature............ Designation.......... District............" ON 9/07/1958, the respondent opted ih the following terms : "In accordance with the ordefs issued in Planning (B) Department G.O.No. 1195/XXXV-B- 587-5 dated 21/05/1958, I, R. N. Lall, Senior Clerk, hereby elect to be transferred in the Planning Setup and reappointed by the Development Commissioner." It appears, however, that no order reappointing the respondent was passed by the Development Commissioner. On 4/03/1960, the governor was pleased to order that the following officers shall, with effect from the date of issue of this notification, be the appointing authorities in respect of the posts noted against each created in connection with the execution of Minor Irrigation Schemes : JUDGEMENT_173_3_1970Html1.htm ;