T. R. SHARMA versus PRITHVI SINGH & ANR. ETC.

T. R. SHARMA versus PRITHVI SINGH & ANR. ETC.

The appellant's lien on the post of Agricultural Inspector was required to be suspended, not terminated, upon appointment to a post outside his cadre. As no written request for termination of lien was made, the lien stood revived upon deconfirmation from the outside post. Promotion was valid.

Parties
Appellant: T. R. Sharma; Respondent: Prithvi Singh; Respondent: Bhale Ram; Respondent: Teja Singh; Respondent: Naunit Lal; Respondent: R. N. Sachthey
Jurisdiction
India
Judgment Date
17 November 1975
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court, Full Bench
Outcome
Appeals allowed
Legal Topics
Public Service Rules, Suspension and Termination of Lien, Government Servant Promotions, Punjab Civil Service Rules
Administrative Law Service Law Public Service Rules Suspension and Termination of Lien Government Servant Promotions Punjab Civil Service Rules

Case Brief

Summary, issues, holding and outcome

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Parties

T. R. Sharma

Appellant

Prithvi Singh

Respondent

Bhale Ram

Respondent

Teja Singh

Respondent

Naunit Lal

Respondent

R. N. Sachthey

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court, Full Bench

Legal Issues

  1. 1 Whether the appellant's lien on the post of Agricultural Inspector was terminated upon confirmation as Block Development and Panchayat Officer.
  2. 2 Whether the promotion to District Agricultural Officer suffers from legal infirmity under relevant service rules.

Ratio Decidendi

The appellant's lien on the post of Agricultural Inspector was required to be suspended, not terminated, upon appointment to a post outside his cadre. As no written request for termination of lien was made, the lien stood revived upon deconfirmation from the outside post. Promotion was valid.

Court Disposition

Appeals allowed

Orders

  • Judgments of the learned single Judge and the Full Bench set aside.
  • Writ petitions filed by respondents dismissed.