Union of India and Ors. v. Tara Chand Sharma and Ors.

Judgment

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9572-75 of 1995. From the Judgment and Order dated 24.1.94 of the Central Administrative Tribunal, Jaipur Bench in Jaipur in O.A. Nos. 13, 14, 26 and 17 of 1994. AN . .Jayaram, Additional Solicitor General, Heman! Sharma and P. Parmeswaran for the Appellants. B.D. Sharma for the Respondents. The Judgment of the Court was delivered by K. VENKATASWAMI, J. Delay condoned. 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 .speciGc 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 Tribunals \Vere recruited as Assistant CompiJors- LDCs during 1980 and were later confirmed in the same posts by Order <lated 26.5.1989.

During 1991 Census operations, 21 posts had been created on a short-term ten1porary 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 tcn1porary posts created for 1991 census were continued till December 1993 and from 1.l.1994 those temporary posts created as above, ceased to exi~t. On the basis of the recommendations of a Departmental Prom<ition Committee, the respondents were promoted to the newly created tcmporary posts of computers by Order dated l0.10.1990. It is true that the U.0.1. v. T.C. SHARMA [K. VENKATASWAMT. l.] concerned officer has issued satisfactory completion of the probation by A Order dated 12.4.1993 to respondents in the posts created for fixed period. It \viii be useful to set. out the pronllJtlon order (\vhich is con1n1on) dated 10.10.1990. It reads as follows : Govt. of lndia Ministry of Home Affai"

Directorate of Census Operations, Rajasthan, Jaipur No. 3958/F-48/Jan/Stha/75-ll 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 D computers in the scale of Rs. 1200-30-1560-EE-40-2040 from 11.10.90 lo 28.2.91 (Emphasis supplied)

1Shri Tara Chand Sharma

2Shri E.L. Verma (AJA)

3Smt. Asha Saxena

4Shri Sunil Garg

5Shri R.P. Verma. The above employees will remain placed on probation. sd/- (S. Pathak) Dy. Director 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) Govcrnn1cnt of T ndia Ministry of Ho1nc Affairs Office of the Registrar General, India 2A, Manshingh Road, New Delhi-11, dated 30 November, 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 11 On the basis of the above letter, the impugned Order which is con1111on, reverting the n:spondents, came to be passed. It reads as follo\VS: rrGovernmcnt of 1 ndia Ministry of Home Affairs Directorate of Census Operations, Rajasthan, Rambagh Place Annexe, Jaipur. No. 4932/F-5/Cen/Estt/93-16 Dated 30.12.1993 OFFICE ORDER Consequent upon the expiry of sanction on 31.12.1993 of the lJ.O.L v. T.C. SHARMA IK VENKATASWAMI, J.] posts created for the 1991 Census, the following officials of this A Directorate \vho are \Vorking against the posts shown against their names in Column No. 31 on purely lcn1porary basis, arc hereby reverted on the posts shown against their nan1cs in Column No. 4 with effect from 31.12.1993 (Afternoon) : S.No. Nan1e Present Post Post un Reversion 1. Sh. Rajendra Prasad Verma Computer Assistant Compilor 2. Sh.

Sunil Kumar Garg Computer Assistant Compilor 3. Smt. Asha Saxena Computer Assistant Compilor 4. Sh. Babu Lal Verma (SC) Computer Assistant Compilor 5. Sh. Tara Chand Sharma Computer Assistant Compilor

6Sh. Om Prakash Badaya C::omputer Assistant Compilor

7Sh. Ramesh Chand Bairwa Computer Assistant Compilor (SC)

8Sh. Mohar Pal Meena (ST) Computer Assistant Compilor All the above official will continue to work in their present sections till further orders .. sd/- (R.C. Bhargava) Deputy Director (Head of Office)" This order of reversion was challenged by the respondents 1-6 before the Tribunal. The petitioners sought to sustain the impugned revision order on the ground that the temporary posts created for a fixed term have been abolished and the _junior most computers were consequently reverted. Though the abolition of temporary posts of Computers were brought G to the notice of the Tribunal orally in the absence of any record (as the one produced before us namely, letter of Registrar General dated 30.11.1993), the Tribunal was not prepared to accept the statement that the posts temporarily created were abolished. In fact the Tribunal Observed as follows :

"We have also been shown an order dated 13.8.1993 abolishing certain (Jroup 'C' posts other thi.Jn (~omputers in the Directorate of Census Operations. No such order for abolition of posts of Compilors (Sic) Computers) has been produced before us, though in the counter filed by the respondents, it is indicated that 21 temporary posts of Computers were created for the purpose of 1991 Census which arc no longer available after 1.1.1994." Substantially on the above basis the Tribunal set aside the impugned reversion ore.I er. Learned counsel appearing for the Respondents, however, placed reliance on the fact of orders issued to the respondents regarding satisfactory completion of probation and contended that in view of such orders, the respondents cannot be rev~rted. We do not think that we can accept this contention of the learned counsel for the respondents.

On the facts of this case, we have seen that the order of promotion itself is unmistakable terms indicated that the promotions were temporary and then the fact of abolition of posts created for fixed period is not in dispute. In any event, that fact of abolition of posts is now established by document produced before us, namely, the letter of Registrar General of India dated 30.11.1993 extracted above. In view of the established position that the posts temporarily created to which posts respondents were temporarily promoted having been abolished, the respondents cannot raise any objection for the consequential reversion orders. We answer the question posed. in the beginning in the negative. We make it clear that we are not called upon to decide the factual question whether any junior/juniors to the respondnets were retained causing prejudice to the respondents, as this matter was left open by the Tribunal to be agitated independently.

In the result, we set aside the common order of the Tribunal and allow the appeals. There is no order as to costs. T.N.A. Appeals allowed.