NOHIRIA RAM versus THE UNION OF INDIA AND OTHERS

Citation: [1958] 1 S.C.R. 923 · Decided: 08-11-1957 · Supreme Court of India · Bench: SUDHI RANJAN DAS · Disposal: Dismissed

Judgment (excerpt)

S.C.R. 
SUPREME COURT REPORTS 
NOHIRIA RAM 
v. 
THE UNION OF INDIA AND OTHERS 
(with connected appeal) 
923 
(S. R. DAS C. J., VENKATARAMA AIYAR, S. K. DAS, 
.A. K. SARKAR and VIVIAN BosE JJ.) 
Civil Servant-Cadre-Additional post to regular estab-
lishment-Whlether an integral part of regular Cadre-
Creation of post outside ·Cadre-Competence-Transfer 
of incumbent of such post on foreign · service-Effect-
.Fundamental Rules, Rr. 9 ( 4), 111, 113, 127-Civil ServiCies 
(Classification, Control and Appeal) Rules, rr. 24, 44. 
The appellant was -0riginally employed as a civilian 
clerk in the Royal Air F:,orci:1 Quetta, but subsequently on 
application made by him to tne Director General of Indian 
Medical Service, he was appointed as an additional clerk 
in the office of the Director General to deal with the work 
of the Indian Research Fund Association on the under-
standing that the ·average cost of the appointment together 
with leave and pensionary contributions thereon was 
to be recovered from the Association. The Public .Service 
Commission approved of the appointment subject to the 
condition that this would not give him any claim to 
appointment in the Central Secretariat or its attached 
offices. On June 12, 1930, the appellant was confirmed in 
the additional post with effect from April 1, 1930, and on 
April 10, 1931, he was transferred on "foreign service" 
under the Indian Research Fund Association, where he 
continued to serve till September 17, 1944. As a result 
of certain representations made by him in which he 
submitted that the post which he held was a permanent 
post in the regular establishment of the Director General, 
Indian Medical Service, Government decided that while 
continuing to hold the extra-cadre post which was originally 
sanctioned for the work of the Indian Research Fund Asso-
ciation, he would in future be employed on ordinary work 
in the office of the Director General, but would continue to 
be subject to the existing disqualifications, namely, that 
he would have no claim to appointment in the regular 
cadre of the ministerial establishment of the office. Ulti-
mately on March 30, 1948, he instituted a suit against the 
Union of India for a declaration that he was in the service 
of the Union of India as a member of the permanent regu-
lar ministerial establishment of the office of the Director 
General, Indian Medical Service~ He contended, inter alia 
(1) that as the post in which he was permanently appointed 
19S7 
November 8. 
924 
SUPREME COURT REPORTS 
[1958] 
1957 
in 1930 was not constituted into a separate cadre, that post 
must be held to be an addition to the regular establishment 
Nohiria Ram 
of the Director General, Indian Medical Service and, there-
v. 
fore, an integral part of the same cadre, and (2) that, in 
Tile Union of India any case, as under the rules relating to "foreign service" 
in the Fundamental Rules, members of the regular estab-
lishment only could be sent on "foreign service" and as 
admittedly Government had sanctioned the transfer of the 
appellant on "foreign service," he must be held to he a 
member of the regular establishment of the Director 
General. 
Held, (1) that it was within the competence of the 
appropriate authority to create an additional post outside 
the regular cadre of a particular office to which the post 
may be attached for purposes of administrative control, 
and Fundamental Rule 127 only lays down the principles in 
accordance with which the cost of the additional post shall 
be recovered; 
(2) That Fundamental Rule 113 was not applicable to 
the case as the appellant did not belong to a· cadre im-
mediately before his transfer on "foreign service". 
The question whether it was open to the Public Service 
Commission to impose a condition on or give conditional 
concurrence to, the appointment of the appellant, was left 
open. 
CIVIL APPELLATE JURISDICTION : Civil Appeals Nos. 
116 and 117 of 1957. 
Appeals by special leave from the judgment and 
order dated October 30, 1953, of the Circuit Bench of 
the Punjab High Court at Delhi in Civil Regular First 
Appeal No. 190 of 1951 and Civil Writ No. 82-D of 
1952. 
D. R. Prem, T. S. 
Venkataraman and K. R. 
Chaudhry, for the appellant. 
R. Ganapathy Iyer, Porus A. Mehta and R. H. 
Dhebar, for the respondents. 
1957. November 8. 
The Judgment of the Court 
was delivered by 
s. K. Das!. 
S. K. DAS J.-These are two appeals by special 
leave. Pt. Nohiria Ram is the appellant in bo

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