ANIL KUMAR SONI versus THE MANAGING DIRECTOR, PUNJAB FINANCIAL CORPORATION AND ANR..

Citation: [1991] 3 S.C.R. 184 · Decided: 25-07-1991 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Case Partly allowed

Judgment (excerpt)

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ANIL KUMAR SONI 
v. 
THE MANAGING DIRECTOR, PUNJAB FINANCIAL 
CORPORATION ANiJ ANR. 
JULY 25, 1991 
[N.M. KASLIWAL AND M.M. PUNCHHI] 
Punjab.Financial Corporation (Staff! Regulations, 1961-Regula-
tion 19(2)-Termination of service of an employee from the post of 
Assistant Manager on the basis of Board's Resolution, who was con-
firmed in the post of Assistant Technical Officer-Whether justified-
Board's Resolution-Object of-Appointment in new cadre post-
Meaning of. 
The appellant was appointed as Assistant Technical Officer in the 
Punjab Financial Corporation and was confirmed as Assistant Techni-
cal Officer (Textiles) on 14. 7.1976. Thereafter he applied for the post of 
Assistant Manager, which was to be filled up by direct recruitment and 
he was selected and appointed as Assistant Manager on probation on 
;26.5.1980. The period of probatioil of the appellant was extended from 
time to time and ultimately the Respondent-Corporation vide its order 
dated llth May, 1984 terminated the service of the appellant. 
The appellant being aggrieved, filed a writ petition, which was 
dismissed by the High Court against which this Appeal was made. 
The ~ppeJlant conterrded that even if the order of termination 
from the posi of Assistant Manager during the period of probation was 
hel<! to lj~ proper, still he was entitled· to continue on the post of 
Assistant Technical Officer on which he was admittedly confirmed. 
The Corporation contended that as soon as the appellant was 
selected for the post of Assistant Manager, the earlier post of Assistant 
Te~tmical Officer held by the appellant stood abolished; that there was 
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no post of Assistant Te~hnical Officer on which the a!lpellant could have 
!Jeen appointed after his termination of service from the post of 
A.s$istant Manager; and that mere selection on the new cadre post of 
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A.ssistant Manager was sufficient for abolishing the post of Assistant 
Technical Officer. 
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Partly allowing the appeal of the emplor"', this Court, 
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A.K. SONI v. PUNJAB FINANCIAL CORPN. 
185 
HELD. I.OJ. The object of the resolution of the Board was that if 
an employee of the Corporation was inducted in the new cadre post tlien 
the post already held by him shall be abolished from the date of such 
appointment in ihe new cadre. The entire purpose of such resoluiiorl 
was that if an employee of the Corporation was appointed iii the rlew 
cadre post, to be filled up by direct recruitment, then the Corporation 
did not want to continue the earlier post held by such employee of the 
Corporation. Thus in the scheme of things such appointrrieiit of the 
employee of the Corporation to the new cadre posts ought to have been 
confirmed appointment. [187E-G I 
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1.02. It would be against all canons of justice that confirmed 
employee of the Corporation though allowed to compete for a new cadre 
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post by direct recruitme,nt, but having not beeri confirmed on such post; 
is not allowed to claim his right even on the fower post oil which he had 
permanent lien to continue. ·11 would be a travesty of justice to throw 
the person on the streets after a period of service of nine years in the 
Corporation. [ 187G-H] 
1.03. The post of Assistant Technical Officer held by the appel-
lant as a confirmed employee, could have only been abolished in case he 
was confirmed on the post of Assistant Manager. I I87H I 
1.04. The appointment in the new cadre post as mentioned in the 
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resolution of the Board means confirmed appointment on such Post· [lilSA-8] 
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I.OS. The order of termination of the appellant so far as the p0st oi' 
Assistant Manager is conc~rned is upheld, the responderit-Cotporaiiori 
is directed to allow the appellant to continue oil tile posi of Assisiani 
Technical Officer (Textiles) on which he had already been ct>nfirriteil ori 
14.7.1976 with all the back wages and other benefits. lri case no post of F 
Assistant Technical Officer (Textiles) is existing iii the Corporation, the 
appellant can be appointed on any other equivalent post carrying the 
same scale of pay which the appellant was drawing on the post of 
Assistant Technical Officer. [J88B-D] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2835 G 
of 1986. 
From the Judgment and Order dated 9.5.1985 of the Punjab and 
Haryana High Court in Civil Writ Petition No. 5328 of 1985. 
M.K. Ramamurthi, and S.S. Rana foi the Appellant. 
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SUPREME COURT R

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