Hartwell Prescott Singh VS. The Uttar Pradesh Governmentand Others.

Summary

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The appellant who was holding a post in a temporary capacity in the Subordinate Agriculture Service, Uttar Pradesh, and was shown in the gradation list as on probation, was ap- pointed with the approval of the Public Service Commission of the United Provinces, to officiate in Class 11 of the said service as a Divisional Superintendent of Agriculture.

After holding the said officiating post for about 10 years, he was reverted to his original temporary appointment in the face of his protest. Thereafter his services were terminat- ed by giving one month's notice under rule 25, clause (4) of the Subordinate Agriculture Service Rules.

The appellant contended that Art. 311 Of the Constitution applied even to a temporary appointment because it was a civil post held under the Government; that the termination of service amounted to dismissal, or removal from his post, as it conveyed an imputation of inefficiency and unsatisfac- tory work, and that the order of reversion to his original post amounted to a reduction in rank, as it was by way of penalty.

Held, that reversion from a temporary post held by a person does not per se amount to reduction in rank. To decide whether the reversion is a reduction in rank, the post held must be of a substantive rank; and further it must be estab- lished that the order of reversion was by way of penalty.

Termination of service does not amount to dismissal or removal from service within the meaning of Art. 311 of the Constitution, if it is in accordance with the terms of the conditions of service. In principle there is no clear distinction between the termination of services under the "

terms of a contract", and that in accordance with the "

terms of conditions of service."

Satish Chandra Anand v. Union of India, [1953] S.C.R. 688, and Shyam Lal v. The State of Uttar Pradesh, [1955] i S.C.R.

26, referred to.

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Extract

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Hartwell Prescott Singh VS. The Uttar Pradesh Governmentand Others.

PETITIONER: HARTWELL PRESCOTT SINGH Vs.

RESPONDENT: THE UTTAR PRADESH GOVERNMENTAND OTHERS.

DATE OF JUDGMENT: 19/09/1957

BENCH: IMAM, SYED JAFFER

BENCH: IMAM, SYED JAFFER

BOSE, VIVIAN

DAS, SUDHI RANJAN (CJ)

AIYYAR, T.L. VENKATARAMA

SARKAR, A.K.

CITATION: 1957 AIR 886 1958 SCR 509

ACT: Government Servant-Temporary appointment-Officiating in a higher post--Order of Reversion-Whether reduction in ran...

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