UNION OF INDIA AND ORS. versus TARA CHAND SHARMA AND ORS.

Citation: [1995] SUPP. 4 S.C.R. 493 · Decided: 19-10-1995 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Appeal(s) allowed

Judgment (excerpt)

- ' 
UNION OF INDIA AND ORS. 
A 
v. 
TARA CHAND SHARMA AND ORS. 
OCTOBER 19, 1995 
(J.S. VERMA AND K. VENKATASWAMI, JJ.) 
B 
S elVice Law : 
Employee-Promotion against past created far fu:ed tenure-Expuy of 
sanctioned pe1iad of past-Revm·ian consequent to abolition of post-Held C 
valid. 
The respondents were recruited as Assistant Compilors Lower 
Division Clerks in the Directorate of Census Operations. On the basis of 
the recommendations of the Departmental Promotion Committee they 
were promoted to posts which were created for a fixed period in connection 
with 1991 censns. Orders regarding satisfactory completion of their proba-
tion were also passed. However, on expiry of the sanctioned period the 
posts were abolished and consequently they were reverted. The respon-
dents challenged the reversion order before the Tribunal which set aside 
D 
the same in the absence of any record to establish that the posts temporari-
E 
ly created were abolished. However, the letter dated 30.11.1993 of the 
Registrar General conveying abolition of posts was filed before this Court. 
In appeal to this Court on the question whetl1er the respondents who 
were promoted temporarily in the posts created for a specific period can 
claim the right of continuance in said posts even after expiry of the said 
F 
period: 
Setting aside the order of the Tribunal and allowing the appeals, this 
Court 
HELD : The order of pronvition itself in unmistakable terms indi-
G 
cated that the promotions were temporary. The fact of abolition of posts 
created for fixed period is not in dispute. It is established by document 
produced before this Court, namely the letter of Registrar General of India 
dated 30.11.1993. In view of the established position that the posts tem-
porarily created to which posts respondents were temporarily promoted H 
493 
494 
SUPREME COURT REPORTS (1995] SUPP. 4 S.C.R. 
A 
having been abolished, they cannot rai.se any objection for the conse£1uen· 
tial reversion orders. It cannot be said that since orders were issued 
regarding satisfactory cornpletion of probation of the respondents, they 
cannot be reverted. [498-D-E-C] 
B 
c 
D 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9572-75 
of 1995. 
From the Judgment and Order dated 24.1.94 of the Central Ad-
ministrative Tribunal, Jaipur Bench in Jaipur in O.A. Nos. 13, 14, 26 and 
17 of 1994. 
AN . .Jayaram, Additional Solicitor General, Heman! Sharma and P. 
Parmeswaran for the Appellants. 
B.D. Sharma for the Respondents. 
The Judgment of the Court was delivered by 
K. VENKATASWAMI, J. Delay condoned. 
Leave granted. Heard Counsel for both sides. The short question that 
calls for our consideration is whether the respondents 1-6 (hereinafter 
E 
referred to as 'respondents') who were promoted temporarily in the posts 
created for a .speciGc period can claim the right of continuance "in said 
posts even after expiry of the said period. Brief facts are the following : 
The respondents 1-6 who were the petitioners before the Central 
Administrative Tribunals \Vere recruited as Assistant CompiJors- LDCs 
F 
during 1980 and were later confirmed in the same posts by Order <lated 
26.5.1989. During 1991 Census operations, 21 posts had been created on a 
short-term ten1porary basis after taking into consideration the increased 
quantum of work. The said posts have been sanctioned for fixed period 
and their continuation depended on the receipt of further sanction. Fac-
G tually the aforesaid tcn1porary posts created for 1991 census were con-
tinued till December 1993 and from 1.l.1994 those temporary posts created 
as above, ceased to exi~t. 
On the basis of the recommendations of a Departmental Prom<ition 
Committee, the respondents were promoted to the newly created tcm-
H 
porary posts of computers by Order dated l0.10.1990. It is true that the 
U.0.1. v. T.C. SHARMA [K. VENKATASWAMT. l.] 
495 
concerned officer has issued satisfactory completion of the probation by A 
Order dated 12.4.1993 to respondents in the posts created for fixed period. 
It \viii be useful to set. out the pronllJtlon order (\vhich is con1n1on) dated 
10.10.1990. It reads as follows : 
Govt. of lndia 
Ministry of Home Affai" 
Directorate of Census Operations, 
Rajasthan, Jaipur 
No. 3958/F-48/Jan/Stha/75-ll Dated 10.10.1990 
OFFICE ORDER 
B 
c 
On the recommendations of the Departmental Promotion 
Committee, the following Asstt. Compilors of this Directorate are 
promoted on a regular basis in tempora

Excerpt shown. Read the full judgment & AI analysis in Lexace.