STATE OF PUNJAB & ORS. versus LABHU RAM & ORS.

Citation: [1977] 1 S.C.R. 832 · Decided: 15-10-1976 · Supreme Court of India · Bench: M. HAMEEDULLAH BEG · Disposal: Dismissed

Judgment (excerpt)

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832 
STATE OF PUNJAB & ORS. 
v. 
LABHU RAM & ORS. 
October 15, 1976 
[M. H. BEG AND P. N. SHJNGHAL, JJ.j 
Punjab Civil Service Rules, Vol. I, Rules 2.49 and 3.10 
to 
3.16,-.!imior 
Vernacular Cadre teachers ofjicidling in senior vemaculai· cadre cntit/edeto benefit 
of their substantive posts. 
The respondents, teachers of the Junior vernacular cadre, Punjab, were pro-
moted to the senior vernacular cadre temporarily. After the expiry ~f their pro-
bationary period, they were not confirmed, but continued to work in the senior 
cadre, and their names were dropped from the junior vernacular cadre. Mean-
while, other teachers, junior to the respondents in the .iunior cadre, were offered 
better opportunities of being taken in a "selection grade". The respondents filed 
a writ petitiori in the High Court contending that they were entitled to the oppor-
tunity of moving into the selection grade, as they were neither probationers nor 
confirmed members but were only officiating in the senior cadre while retaining 
their substantive places and liens in the junior cadre. The High Court allowed 
the writ. 
Dismissing the appeal the Court, 
HELD: The state was unable to substantiate the submission that the peti-
tioners-respondents became probationers in the senior vernacular cadre. Accord-
ing tQ the rules, their lien in the junior vernacular cadre was retained by them, 
and, it could not be suspended by the mere fact that they were performing the 
duties of teachers working in the senior vernacular cadre. [836 D-EJ 
CrvrL APPELLATE JURISDICTION : Civil Appeal No. 1745 of 1968. 
(Appeal by Special Leave from the Judgr.aent and Order dated 
13-10-1967 of the Punjab and Haryana High Court in Civil Writ 
No. 1113 of 1966). 
0. P. Shanna, for the appellants. 
S. K. Mehta, K. R. Nagaraja and P. N. Puri, for the Respondents. 
The Jud~ent of the Court was delivered by 
BEG, J.-The State of Punjab has come up 
by special leave 
against the judgment of a Division Bench of the High Court 
oE 
Punjab & Haryana allowing the Writ petition of the respondents who, 
it is admitted by the State, are teachers of the Junior Vernacular 
grade working, on the dates on which they file<\ the Writ petition, as 
"promotees" in the senior vernacular grade temporarily but had not 
been confirmed there. It appears that the only difference between 
the junior vernacular cadre and the senior vernacular cadre is that 
those who teach lower classes were placed in the "junior" cadre and 
those who teach higher classes were in the "senior vernacular cadre". 
But, for some reason, working in senior vernacular cadre was con-
sidered a promotion. 
After consideration of the whole position, the 
two grades were integrated by the Government from 
1st October, 
1957, with retrospective effect, under the Punjab Educational Service 
( 
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PUNJAB V. LABHU RAM (Beg, J,) 
833 
(Provincialised Cadre) Class III Service Rules, 1961. 
This meant 
that the Government recognised that both the cadres should be really 
considered as one and that there were no acceptable grounds for a 
differentiation. 
Nevertheless, it appears that the names of the peti-
tioners were dropped from the junior vernacular cadre as they had 
been working for more than the probationary period in the senior 
vemaclllar cadre. It is urged· that it must be deemed that they were 
confirnied in the senior vernacular cadre automatically. 
However, 
they had to be "probationers" in the senior cadre for such a result to 
enure. '"We fail to see how they become "probationers" there. 
Curiously, the prospects of those who were not considered "pro-
moted" tOt the senior vernacular cadrei and were junior to the peti-
tioners respondents in that cadre, improved as 
they were offered 
opportunities of being taken _in a "selection grade". 
But, no such 
opportunities were offered to the petitioners on the ground that they 
had been removed from the junior vernacular cadre. 
The names of 
the petitioners respondents had been automatically dropped from the 
cadre in which they held their liens having been appointed there 
initially permanently. 
The High Court of Punjab & Haryaua held that the petitioners 
respondents are entitled to the benefit of their substantive posts, which 
were still in the junior vernacular cadre, as they were never confirmed 
in the senior vernacular cadre whatever may be the sentimental satis-
faction of being considered as persons "pr

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