SHITLA SAHAI SRIVASTAVA versus GENERAL MANAGER, NORTH EASTERN RAILWAY

Citation: [1966] 3 S.C.R. 61 · Decided: 14-12-1965 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Dismissed

Judgment (excerpt)

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SHITLA SAHAI SRIVASTAVA 
v. 
GENERAL MANAGER, NORTH EASTERN RAILWAY 
December 14, 1965 
[P. B. GAJENDRAGADKAR, C.J., K. N. WANCHOO, 
M. HIDAYATULLAH, V. RAMASWAMI 
AND P. SATYANARAYANA RAJU, JJ.) 
Civil Service-Select11on post-Inclusion of name in panel and later 
deletion-When amounts to reduction in rank. 
Selection to the post of Travelling Ticket Inspector 
from 
that of 
Travelling Ticket Examiner is made by a Selection Board in accordance 
with the Promotion and Selection Rules (Non-Gazetted) framed under 
the Indian Railway Establishment Code,. 
Every year, the 
number of 
vacancies that are likely to occur during the year is assessed and in ac-
cordance with r. 8(7), eligible staff upto 4 times the number of anticipated 
vacancies are called up for 
written and viva voce tests. Thereafter, the 
Board prepares a panel and promotions are made from the panel. 
In 1959, there were 8 vacancies, in the ex-Muzaffarpur region of the 
North Eastern Railway, which were to be filled up immediately and in 
addition a panel of 6 was required to be drawn up. 
But, due to an 
incorrect assessment, 92 persons of whom the appellant was one, were 
called up for examination instead of 56. As a result of the tests a panel 
of 14 persons was prepared and the appellant was given the 12th rank. 
The final list was then prepared and the appellant was given the 
13th 
rank; but a note was appended that the selection of candidates 9 to 14 
was provisional. 
Later, under orders of the. 
General 
Manager, 
who 
was the prescribed authority, the names of candidates 9 to 14 were. deleted 
from the panel. 
The appellant filed a petition under Art. 226, but the High Court dis-
missed it. 
In appeal to this Court it was contended by the appellant that the 
deletion amounted to a reduction in rank and that the order was bad in 
law, because, the appellant was not given an opportunity before his name 
was deleted. 
HELD : If a civil servant has a right to a particular rank, then the 
very reduction from that rank will operate as a penalty, for he will then 
lose the emoluments· and privileges of that rank. 
If, however, he has no 
right fJo the particular rank, his reduction from an officiating higher rank 
to his substantive. lower rank will not ordinarily be a punishment. 
Since, 
in the panel prepared, the word "provisional" 
was 
specifically 
noted 
against the name of the appellant, it shows that he did not acquire a. 
right tu the post. The appellant could not complain of any infraction of 
the guarantee given by the Constitution to iovernment servants and no 
penal consequences have been visited on him. Therefore the deletion of 
his name from the panel did not attract the provisions of ·Art. 
311. 
[65 C-E.. 67 E] 
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Parshotam Lal Dhingra v. The Union of India, [1958] S.C.R. 828, 
followed. 
Din.eshwar v. Chief Commercial Superintendent Eastern Railway, A.I.R. 
1960 Cal. 209, overruled. 
62 
SUPREME COURT REPORTS 
[1966) 3 S.C.R. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 766 of 
A 
1964. 
Appeal by special leave (rom the judgment and order, dated 
September 19, 1963 of the Allahabad High Court in Special 
Appeal No. 268 of 1963. 
S. P. Sinha and Shaukat Husain, foe the appellant. 
Nire11 De, Additional Solicitor-General, K. C. Chawla and 
R. H. Dhebar, foe the respondent. 
The Judgment of the Court was delivered by 
B 
Satyanarayana Raju, J. 
This appeal, by special leave, is 
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apinst the judgment of a Division Bench of the Allahabad High 
Court which affirmed the judgment of a Single Judge of that 
Court. The facts giving rise to this appeal may be shortly stated 
aa follows. 
The appellant had been in the service of North Eastern Rail-
way holding the substantive post of Travelling Ticket Examiner. 
D 
The post of Travelling Ticket Inspector, which is the next higher 
post. is a selection post. Selection is made by a Selection Board 
in accordance with the Promotion and Selection Rules (Non-
Gazctted) framed under para 158 of the Indian Railway Estab-
lishment Code, Volume I (hereinafter referred to as the rules). 
Every year, an assessment of the number of vacancies that are 
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likely to occur during that year is made. The Chief Commercial 
Superintendent is the appointing authority for the posts of Ticket 
Inspectors. In accordance with r. 8(7), eligible staff, up to four 
times the number of anticipated vacancies, shall be called up for 
written and viva voce test~. 
After the exam

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