Case Note & Summary
The dispute arose from the dismissal of a writ petition by the appellant challenging the abolition of his post as Officer on Special Duty (Special Component Plan) by the High Court. The appellant had joined the Secretariat service in 1975 and was appointed to the post in question on October 16, 1980. The post was created to implement a special component plan for Scheduled Castes and was temporary in nature. The appellant argued that after holding the post for over three years, he had acquired a right to be considered for confirmation against it. However, the High Court dismissed his petition, leading to the present appeal. The Supreme Court examined the legality of the abolition of the post, which was done through an Office Memorandum dated May 8, 1984, and a subsequent notification appointing another individual to a newly created post. The court noted that the appellant's contention regarding the jurisdiction of the Secretariat Administration was unfounded, as the post was temporary and subject to abolition without prior notice. The court emphasized the necessity of financial sanction for the continuation of such posts under the Uttar Pradesh Rules of Business, 1975. Ultimately, the court upheld the High Court's decision, dismissing the appeal with costs, affirming the authority of the Secretariat Administration to abolish the post (Paras 1-6).
Headnote
A) Administrative Law - Abolition of Temporary Post - Jurisdiction of Secretariat Administration - Uttar Pradesh Rules of Business, 1975, Section 4(2) - The appellant contended that the Secretariat Administration lacked jurisdiction to abolish the post he held, which was created under the Directorate of Harijan and Social Welfare. The court held that the Secretariat had the authority to abolish the post as it was temporary and required no further sanction for its abolition (Paras 5-6).
Issue of Consideration
Whether the Secretariat Administration had the authority to abolish the post of Officer on Special Duty (Special Component Plan) held by the appellant.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the Secretariat Administration had the authority to abolish the temporary post held by the appellant.
Law Points
- Temporary post abolition
- jurisdiction of Secretariat Administration
- financial sanction requirements
- Uttar Pradesh Rules of Business
- 1975
