BALKRISHNA PANDEY versus STATE OF BIHAR AND ORS.

Citation: [1995] SUPP. 6 S.C.R. 669 · Decided: 14-12-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Disposed off

Judgment (excerpt)

BALKRISHNA PANDEY 
v. 
STATE OF BIHAR AND ORS. 
DECEMBER 14, 1995 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] 
Se1Vice La..-Right to promotion-Deputationist-Not entitled even 
though the post held by him is made pennanent-Promotion of pennane/lf 
incumbent-Held valid-Difference between pemwnent post and pennanent 
incunibent. 
Appellant was a Junior Statistical Supervisor in the Department of 
Statistics and he was appointed to the temporary post of Senior Statistical 
Assistant in the Directorate of Special Employment and Planning. First 
respondent was promoted and appointed to the said post when it was made 
permanent. Appellant was reverted to his parent Department. 
Appellant challenged the reversion by filing a Writ Petition, which 
was dismissed by the High Court and the appellant has preferred the 
present appeal. However after reversion, appellant was promoted as 
Senior Statistical Assistant in his parent Department. 
It was contended on behalf of the appellant that appointment of the 
appellant was by selection and therefore his appointment must be deemed 
to be on regular basis in the Directorate of Special Employment and 
Planning. And once the post was made permanent, the appellant must be 
deemed to have been absorbed to the permanent post and he was entitled 
to be considered for promotion. It was fnrther contended that the fifth 
respondent was promoted twice overlooking the claim of the appellant, and 
therefore appellant's reversion was bad in law. 
Disposing of the appeal, this Court 
HELD : 1. An employee on temporary promotion would continue to 
hold the lien in his substantial post until it is duly terminated. He cannot 
hold two substantive posts simultaneously. [672·CJ 
A 
B 
c 
D 
E 
F 
G 
2. Appellant was appointed to a temporary post on deputation in the 
Department of Special Employment and Planning and his name was H 
669 
670 
SUPREME COURT REPORTS [1995] SUPP. 6 S.C.R. 
A rightly not shown in the seniority list of that Department. He continued to 
hold his lien and seniority as Junior Statistical Supervisor in the parent 
department. On reversion, he came back to his post of Junior Statistical 
Supervisor and in his own right he was promoted as Senior Statistical 
Assistant. [672-D) 
B 
3. There is no illegality in the promotion of the fifth respondent by 
the State, since the fifth respondent happened to be permanent incumbent 
in the Directorate of Special Employment and Planning his promotion as 
Senior Statistical Assistant was not bad in law. [671-G] 
C 
4. Although the appellant continued in Directorate of Special 
Employment and Planning due to interim direction granted by both the 
High Court and this Court, he must be deemed to have continued to hold 
his lien as a Senior Statistical Assistant in the parent Department and he 
would be entitled to all the rights and to further promotion if any, in that 
department according to rules. [672-F-G] 
D 
E 
F 
CIVIL APPELLATE .JURISDICTION : Civil Appeal No. 2927 of 
1979. 
From the .Judgment and Order dated 13.4.79 of the Patna High Court 
in C.W.J.C. No. 754 of 1979. 
L.R. Singh for the Appellant. 
D. Goburdhan for the Respondents. 
The following Order of the Court was delivered : 
This appeal by special leave arises from the order of Patna High 
Court made in C.W.J.C. No. 754fi9 on 13.4.1979. The admitted facts are 
that the appellant was appointed as a Junior Statistical Supervisor in the 
Department of Statistics. When a temporary post of Sr. Statistical Assistant 
fell vacant in the Directorate of Special Employment and Planning (for 
G short 'S.E.P.'), it would appear that on an application made by him and 
forwarded by the parent department, the appellant came to be appointed 
to the temporary post a< Senior Statistical Assistant by order dated 
12.7.1973 and he joined the post on 1.9.1973. It would appear that the post 
was made permanent on 1.1.1978. On 16.8.1977, when the gradation list of 
H the Senior Statistical Assistants (for short, "S.S.As.") in the Directorate of 
BALKRISHNAPANDEYv. STATE 
671 
S.E.P. was prepared, the name of the appellant was not shown therein. The A 
appellant thereon made a representation dated 26.9.1977. By proceedings 
dated September 28, 1977, Arun Prasad Manda!, the fifth respondent 
herein, came to be promoted initially as S.S.A. followed by further promo-
tion as Senior Research Assistant (for short, "S.R.A."). The appellant was 
reverted to the parent Department by proceedings dated 23.2.1979. 

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