Case Note & Summary
The dispute involved the appellant, who was appointed as a Junior Clerk and later promoted on an officiating basis to the post of Stenographer. The promotion was cancelled by an order dated 28.04.1990, reverting her to the Junior Clerk position. The appellant challenged this reversion before the Tribunal, which quashed the order and directed her reinstatement with back wages. The State then filed a writ petition in the High Court, which partly allowed the petition, reinstating the appellant but denying back wages and ordering a departmental inquiry. The appellant subsequently appealed to the Supreme Court. The Supreme Court noted that it is a well-established principle that individuals holding posts on an officiating or temporary basis do not have a right to that post, as established in the precedent of State of U.P. v. Kaushal Kishore. Consequently, the court held that the appellant could be reverted without notice or inquiry, as she was reverted to her substantive post. The court found no merit in the appeal and dismissed it, also setting aside the orders of the Tribunal and the High Court regarding reinstatement.
Headnote
A) Service Law - Officiating Appointment - Right to Post - No Right to Officiating Post - Service Law principles establish that a person holding a post on an officiating basis has no inherent right to that post, allowing for reversion without notice or inquiry - The Tribunal's decision to quash the reversion was erroneous, as the appellant was reverted to her substantive post of Junior Clerk, and the High Court's direction for a departmental inquiry was misconceived. Held that the appeal was dismissed (Paras 1-2).
Issue of Consideration
Whether a person holding a post on officiating basis has a right to that post and the implications of reversion.
Final Decision
The Supreme Court dismissed the appeal, upholding the reversion of the appellant to her substantive post of Junior Clerk without the need for inquiry or notice.
Law Points
- Officiating appointment
- Reversion
- Departmental inquiry
- Right to post
