UNION OF INDIA AND ANOTHER versus GAJENDRA SINGH, ETC., ETC.

UNION OF INDIA AND ANOTHER versus GAJENDRA SINGH, ETC., ETC.

Reversion from an officiating post in the absence of any right to the post and in the absence of penal consequences or loss of seniority does not amount to reduction in rank so as to attract Article 311(2) of the Constitution. Retention of juniors who were qualified or exempted does not violate Articles 14 and 16, as the respondent was not similarly situated.

Parties
Appellant: Union of India; Appellant: Financial Commissioner of Himachal Pradesh; Respondent: Gajendra Singh
Jurisdiction
India
Judgment Date
07 March 1972
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From the Judgment of the Judicial Commissioner's Court at Simla
Outcome
Appeals allowed. Order of the Judicial Commissioner set aside.
Legal Topics
Reversion in Service, Reduction in Rank, Service Tenure—officiating Appointments, Article 311(2) of the Constitution, Articles 14 and 16—right to Equality and Non Discrimination
Constitutional Law Service Law Reversion in Service Reduction in Rank Service Tenure—officiating Appointments Article 311(2) of the Constitution Articles 14 and 16—right to Equality and Non Discrimination

Case Brief

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Parties

Union of India

Appellant

Financial Commissioner of Himachal Pradesh

Appellant

Gajendra Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From the Judgment of the Judicial Commissioner's Court at Simla

Legal Issues

  1. 1 Whether reversion from officiating post amounts to reduction in rank attracting Article 311(2) of the Constitution
  2. 2 Whether retention of juniors in officiating capacity violates Articles 14 and 16 of the Constitution of India

Ratio Decidendi

Reversion from an officiating post in the absence of any right to the post and in the absence of penal consequences or loss of seniority does not amount to reduction in rank so as to attract Article 311(2) of the Constitution. Retention of juniors who were qualified or exempted does not violate Articles 14 and 16, as the respondent was not similarly situated.

Court Disposition

Appeals allowed. Order of the Judicial Commissioner set aside.

Orders

  • The order of the Judicial Commissioner is set aside.
  • No order as to costs.