STATE OF PUNJAB & ORS. versus BALBIR SINGH ETC. ETC.

STATE OF PUNJAB & ORS. versus BALBIR SINGH ETC. ETC.

Reversion orders passed by the Government of the erstwhile State of Punjab were valid and effective as they were communicated before 1-11-1966. These orders are not hit by Article 311(2) as the reversion is not by way of punishment. Administrative orders continue after reorganisation unless specifically altered by...

Source-derived case information.

Parties
Appellant: State of Punjab; Appellant: Union of India; Respondent: Balbir Singh; Respondent: Bhagwan Singh; Respondent: Surmukh Singh; Respondent: Dasaundi Ram; Respondent: Jagdish Singh; Respondent: R.R. Bhanot; Respondent: Surat Singh; Respondent: Shamsher Singh; Respondent: Bakhtawar Singh; Respondent: Jodh Singh; Respondent: Kartar Singh; Respondent: Gurcharan Singh; Respondent: Gurbux Singh
Jurisdiction
India
Judgment Date
06 October 1975
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeals by Special Leave
Outcome
Appeals allowed (except for appeals abated or infructuous)
Legal Topics
Reversion in Service, Application of Article 311(2), Effect of State Reorganisation, Communication of Administrative Orders
Service Law Constitutional Law Administrative Law Reversion in Service Application of Article 311(2) Effect of State Reorganisation Communication of Administrative Orders

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Parties

State of Punjab

Appellant

Union of India

Appellant

Balbir Singh

Respondent

Bhagwan Singh

Respondent

Surmukh Singh

Respondent

Dasaundi Ram

Respondent

Jagdish Singh

Respondent

R.R. Bhanot

Respondent

Surat Singh

Respondent

Shamsher Singh

Respondent

Bakhtawar Singh

Respondent

Jodh Singh

Respondent

Kartar Singh

Respondent

Gurcharan Singh

Respondent

Gurbux Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeals by Special Leave

Legal Issues

  1. 1 Whether the reversion orders passed by erstwhile Punjab Government were effective after state reorganisation
  2. 2 Whether Article 311(2) applies to reversion not by way of punishment
  3. 3 Whether administrative orders continue to be valid after state reorganisation

Ratio Decidendi

Reversion orders passed by the Government of the erstwhile State of Punjab were valid and effective as they were communicated before 1-11-1966. These orders are not hit by Article 311(2) as the reversion is not by way of punishment. Administrative orders continue after reorganisation unless specifically altered by successor states.

Court Disposition

Appeals allowed (except for appeals abated or infructuous)

Orders

  • Judgment and orders of the High Court set aside for 11 appeals; directions issued that Government will not claim any refund of salary paid to respondents until now.
  • Civil Appeal No. 521/1970 dismissed as abated due to death of respondent.