UNION OF INDIA Vs. TARA CHAND SHARMA

LAWS(SC)-1995-10-37

SUPREME COURT OF INDIA

Decided on October 19,1995

UNION OF INDIA Appellant

VERSUS

TARA CHAND SHARMA Respondents

JUDGEMENT

K.VENKATASHWAMI - (1.) DELAY condoned.
(2.) LEAVE granted. Heard counsel for both sides. The short question that calls for our consideration is whether the respondents 1-6 (hereinafter referred to as 'respondents') who were promoted temporarily in the posts created for a specific period can claim the right of continuance in said posts even after expiry of the said period. Brief facts are the following: The respondents 1-6 who were the petitioners before the Central Administrative Tribunal were recruited as Assistant Compilors-LDCs during 1980 and were later confirmed in the same posts by Order dated 26-5-1989. During 1991 Census operations. 21 posts had been created on a short-term temporary basis after taking into consideration the increased quantum of work. The said posts have been sanctioned for fixed period and their continuation depended on the receipt of further sanction. Factually the aforesaid temporary posts created for 1991 Census were continued till December 1993 and from 1-1-1994 those temporary posts created as above, ceased to exist. On the basis of the recommendations of a Departmental Promotion Committee, the respondents were promoted to the newly created temporary posts of Computers by Order dated 18-10-1990. It is true that the concerned officer has issued satisfactory completion of the probation by Order dated 12-4-1993 to respondents in the posts created for fixed period. It will be useful to set out the promotion order (which is common) dated 10-10-1990. It reads as follows: Govt. of India Ministry of Home Affairs Directorate of Census Operations, Rajasthan, Jaipur No. 3958/F-48/Jan/Stha/75-II dated 10-10-1990 OFFICE ORDER On the recommendations of the Departmental Promotion Committee, the following Asstt. Compilors of this Directorate are promoted on a regular basis in temporary capacity on the post of computers in the scale of Rs. 1200-30-1560-EB-40-2040 from 11-10-1990 to 28-2-1991. (Emphasis supplied) 1. Shri Tarachand Sharma 2. Shri B.L. Verma (A.J.A.) 3. Smt. Asha Saxena 4. Shri Sunil Garg
(3.) SHRI R. P. Verma The above employees will remain placed on probation. Sd/- (S.Pathak) Dy. Director 5. The term fixed as above, was continued until the letter dated 30-11-93 was circulated by the Registrar General informing all concerned that the sanction for temporary posts created in connection with the 1991 Census will end by 31-12-1993. The letter reads as follows: "No. 2/4/90-RG(Ad.II) Government of India Ministry of Home Affairs Office of the Registrar General, India 2A, Mansingh Road, New Delhi-11, dated 30/11/1993 All Directors of Census Operations(including DRG (Language) Calcutta Subject : Abolition of posts created in connection with 1991 Census - regarding I am directed to say that all the posts which were created in connection with the 1991 Census are at present sanctioned upto 31-12-1993 only. Therefore, they will stand abolished on that date. In this connection, I am directed to request you to take consequential advance action in the matter. The proposals for extension etc. of these posts need not be sent. Yours faithfully Sd/- (Chandra Prakash) Assistant Director" On the basis of the above letter, the impugned Order which is common, reverting the respondents, came to be passed. It reads as follows :- "Government of India" Ministry of Home Affairs Directorate of Census Operations, Rajasthan Rambagh Palace Annexe, Jaipur No. 4932/F-5/Cen/Estt/93-16Dated 30-12-1993 OFFICE ORDER Consequent upon the expiry of sanction on 31-12-1993 of the posts created for the 1991 Census, the following officials of this Directorate who are working against the posts shown against their names in Column No. 3, on purely temporary basis, are hereby reverted on the post shown against their names in Column No. 4 with effect from 31-12-1993 (Afternoon): JUDGEMENT_589_6_1995Html1.htm All the above officials will continue to work in their present sections till further orders Sd/- (R. C. Bhargava) Deputy Director (Head of Office)" ;

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