PURSHOTTAM LAL DAS AND ORS. versus THE STATE OF BIHAR AND ORS.

PURSHOTTAM LAL DAS AND ORS. versus THE STATE OF BIHAR AND ORS.

Reversion of appellants to their original posts was valid as promotions violated statutory provisions and reservation policy, made during a government ban, without proper procedure or committee approval. Recovery of excess salary paid during the period of promotion is not permitted as the employees acted without fault and worked in the promoted posts; no arrears or other financial benefits shall be granted for the concerned period.

Parties
Appellants: Purshottam Lal Das and Ors.; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
10 October 2006
Procedural Posture
Civil Appeal / Final Appellate Stage (supreme Court Disposition of Appeals Against High Court Dismissal of Letters Patent Appeals)
Outcome
Appeals disposed of; orders of reversion upheld; direction given that no recovery shall be made from amounts already paid; no arrears or other financial benefits for the period.
Legal Topics
Promotion, Reversion, Recovery of Excess Salary, Procedural Irregularity, Reservation Policy
Service Law Promotion Reversion Recovery of Excess Salary Procedural Irregularity Reservation Policy

Case Brief

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Parties

Purshottam Lal Das and Ors.

Appellants

State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appellate Stage (supreme Court Disposition of Appeals Against High Court Dismissal of Letters Patent Appeals)

Legal Issues

  1. 1 Whether reversion of Class III employees from promotional posts of Clerk to their original posts was valid
  2. 2 Whether recovery of excess salary paid during period of promotion should be allowed

Ratio Decidendi

Reversion of appellants to their original posts was valid as promotions violated statutory provisions and reservation policy, made during a government ban, without proper procedure or committee approval. Recovery of excess salary paid during the period of promotion is not permitted as the employees acted without fault and worked in the promoted posts; no arrears or other financial benefits shall be granted for the concerned period.

Court Disposition

Appeals disposed of; orders of reversion upheld; direction given that no recovery shall be made from amounts already paid; no arrears or other financial benefits for the period.

Orders

  • No recovery of excess salary paid during promotional posts shall be made
  • No arrears or financial benefits for the period concerned shall be granted