Case Note & Summary
The dispute arose from a writ petition filed by the appellant challenging his reversion from the post of Finance Officer to Accounts Officer by the State Government. The Allahabad High Court dismissed the writ petition, stating that the post of Finance Officer was not created in accordance with Section 27 of the U.P. Water Supply and Sewerage Act, 1975, as prior approval from the State Government was not obtained. The appellant contended that the post was created in 1978 under the unamended provisions of the Act, which did not require such approval. The State Government argued that the amended provisions, which came into effect in 1983, necessitated prior approval for the creation of posts. The Supreme Court analyzed the provisions of Section 27, noting that the post was indeed created under the unamended provisions, which allowed the Jal Sansthan to create posts without prior approval. The court held that the High Court erred in relying on the amended provisions, which were not applicable at the time of the post's creation. Consequently, the court found no infirmity in the appellant's promotion to Finance Officer and set aside the reversion order. The appeal was allowed, and the writ petition was granted without any order as to costs.
Headnote
A) Administrative Law - Promotion Validity - Legality of Promotion to Finance Officer - U.P. Water Supply and Sewerage Act, 1975, Section 27 - The court found that the post of Finance Officer was created under the unamended provisions of Section 27, which did not require prior approval of the State Government, thus the promotion was valid. The reliance on amended provisions by the High Court was erroneous as they were not applicable at the time of creation of the post. Held that the reversion order was unsustainable (Paras 1-4).
Issue of Consideration
Whether the promotion of the appellant to the post of Finance Officer was valid under the provisions of Section 27 of the U.P. Water Supply and Sewerage Act, 1975.
Final Decision
The Supreme Court set aside the order of the State Government dated 18.9.1992 and the consequential order of Jal Sansthan dated 28.9.1992, allowing the writ petition and reinstating the appellant as Finance Officer.
Law Points
- Promotion legality
- Government approval
- Creation of posts
- Section 27 U.P. Water Supply and Sewerage Act
- 1975
- Amended provisions interpretation
