STATE OF PUNJAB Vs. JAGDIP SINGH:GURDHIAN SINGH:MALVINDER SINGH:RAJWANT SINGH

JUDGEMENT

(1.) These four appeals arise out of four writ petitions preferred by four persons under Art. 226 of the Constitution challenging a notification made by the Government of Punjab on October 31, 1957 "de-confirming" the petitioners from permanent posts of Tahsildars and according to them the rank of officiating Tahsildars. The petitions were heard together and were disposed of by a common judgment by Mehr Singh J. Appeals preferred against his judgment were dismissed summarily by a Division Bench of the Punjab High Court. The State of Punjab has come up before us by special leave against the decisions in all the four writ petitions and we have heard the appeals preferred by it together. This judgment will govern all these appeals.

(2.) The respondents were officiating Tahsildars in the erstwhile State of Pepsu. By notification No. RD/Est. 74 dated October 23, 1956 made by the Financial Commissioner, seven officiating Tahsildars, including the four respondents before us, were confirmed as Tahsildars with immediate effect. No posts were, however, available at that time in which the respondents could be confirmed. On October 24, 1956 the Rajpramukh of Pepsu sanctioned the creation of seven supernumerary posts of Tahsildars to provide liens for the Tahsildars who had been confirmed under the notification of October 23, 1956. While sanctioning these posts the Rajpramukh ordered that supernumerary posts will be reduced as and when permanent vacancies arose and that no pay will be drawn against these posts. November 1, 1956 the State of Pepsu was merged with the State of Punjab by virtue of the operation of the States Reorganization Act, 1956. On November 12, 1956 the Deputy Accountant General, Punjab wrote to the Financial Commissioner to the Government of Punjab, bringing to his notice the fact that seven Tahsildars were confirmed by the Financial Commissioner of Pepsu before the creation of supernumerary posts and suggested reconsideration of the action taken by the Government of Pepsu. On October 12, 1957 the Deputy Secretary to the Government of Punjab, Revenue Department, addressed the following memorandum to the Commissioner, Patiala Division:

(3.) The respondents challenged before the High Court the action taken by the Government of Punjab on two grounds. In the first place they said that the action of the Government amounted to a reduction in rank and, therefore, it could not be taken without compliance with the requirements of Art. 311 (2) of the Constitution. The second ground was that by virtue of the states re-organization, the respondents who held the status of permanent Tehsildars in the State of Pepsu could not be deprived of it by the successor Government. Both the contentions were accepted by Meher Singh J.