Holding

Employees promoted to temporary posts that were created for a fixed period cannot retain those posts after the posts are abolished; the reversion orders are valid.

Summary

The respondents, originally recruited as Assistant Compilers/LDCs, were promoted to temporary computer posts created for the 1991 Census, with a fixed sanction period ending 31 December 1993. After the sanctioned period, a letter from the Registrar General dated 30 November 1993 confirmed the abolition of those temporary posts, and a reversion order was issued reverting the respondents to their original posts. The respondents challenged the reversion before the Central Administrative Tribunal, which set aside the order due to lack of documentary proof of abolition. On appeal, the Supreme Court examined the promotion order, the Registrar General's letter, and the reversion order, concluding that the promotions were expressly temporary and the posts had indeed been abolished. Consequently, the Court held that the respondents could not claim a right to remain in the abolished posts and upheld the reversion orders, setting aside the Tribunal's decision.

Issues considered

Whether employees promoted to temporary posts created for a specific period are entitled to continue in those posts after the expiry of the period.
Whether the issuance of satisfactory probation orders prevents the reversion of employees from temporary posts.
Whether the abolition of the temporary posts was duly established for the purpose of effecting reversion.

Subjects

service lawtemporary promotionpost abolitionreversion orderadministrative lawemployee rights

Judgment

UNION OF INDIA AND ORS. A
v.
TARA CHAND SHARMA AND ORS.

OCTOBER 19, 1995

(J.S. VERMA AND K. VENKATASWAMI, JJ.)
B

S elVice Law :

Employee-Promotion against past created far fu:ed tenure-Expuy of
sanctioned pe1iad of past-Revm·ian consequent to abolition of post-Held C
valid.

The respondents were recruited as Assistant Compilors Lower
Division Clerks in the Directorate of Census Operations. On the basis of
the recommendations of the Departmental Promotion Committee they
were promoted to posts which were created for a fixed period in connection D
with 1991 censns. Orders regarding satisfactory completion of their proba-
tion were also passed. However, on expiry of the sanctioned period the
posts were abolished and consequently they were reverted. The respon-
dents challenged the reversion order before the Tribunal which set aside
the same in the absence of any record to establish that the posts temporari- E
ly created were abolished. However, the letter dated 30.11.1993 of the
Registrar General conveying abolition of posts was filed before this Court.

In appeal to this Court on the question whetl1er the respondents who
were promoted temporarily in the posts created for a specific period can
claim the right of continuance in said posts even after expiry of the said F
period:

Setting aside the order of the Tribunal and allowing the appeals, this
Court

HELD : The order of pronvition itself in unmistakable terms indi- G
cated that the promotions were temporary. The fact of abolition of posts
created for fixed period is not in dispute. It is established by document
- ' produced before this Court, namely the letter of Registrar General of India
dated 30.11.1993. In view of the established position that the posts tem-
porarily created to which posts respondents were temporarily promoted H
493
494 SUPREME COURT REPORTS (1995] SUPP. 4 S.C.R.

A having been abolished, they cannot rai.se any objection for the conse£1uen·
tial reversion orders. It cannot be said that since orders were issued
regarding satisfactory cornpletion of probation of the respondents, they
cannot be reverted. [498-D-E-C]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9572-75
B of 1995.

From the Judgment and Order dated 24.1.94 of the Central Ad-
ministrative Tribunal, Jaipur Bench in Jaipur in O.A. Nos. 13, 14, 26 and
17 of 1994.
c AN . .Jayaram, Additional Solicitor General, Heman! Sharma and P.
Parmeswaran for the Appellants.

B.D. Sharma for the Respondents.

The Judgment of the Court was delivered by
D
K. VENKATASWAMI, J. Delay condoned.

Leave granted. Heard Counsel for both sides. The short question that
calls for our consideration is whether the respondents 1-6 (hereinafter
E referred to as 'respondents') who were promoted temporarily in the posts
created for a .speciGc period can claim the right of continuance "in said
posts even after expiry of the said period. Brief facts are the following :

The respondents 1-6 who were the petitioners before the Central
Administrative Tribunals \Vere recruited as Assistant CompiJors- LDCs
F during 1980 and were later confirmed in the same posts by Order <lated
26.5.1989. During 1991 Census operations, 21 posts had been created on a
short-term ten1porary basis after taking into consideration the increased
quantum of work. The said posts have been sanctioned for fixed period
and their continuation depended on the receipt of further sanction. Fac-
tually the aforesaid tcn1porary posts created for 1991 census were con-
G
tinued till December 1993 and from 1.l.1994 those temporary posts created
as above, ceased to exi~t.

On the basis of the recommendations of a Departmental Prom<ition
Committee, the respondents were promoted to the newly created tcm-
H porary posts of computers by Order dated l0.10.1990. It is true that the
U.0.1. v. T.C. SHARMA [K. VENKATASWAMT. l.] 495

concerned officer has issued satisfactory completion of the probation by A
Order dated 12.4.1993 to respondents in the posts created for fixed period.
It \viii be useful to set. out the pronllJtlon order (\vhich is con1n1on) dated
10.10.1990. It reads as follows :

Govt. of lndia
Ministry of Home Affai" B

Directorate of Census Operations,
Rajasthan, Jaipur

No. 3958/F-48/Jan/Stha/75-ll Dated 10.10.1990
c
OFFICE ORDER

On the recommendations of the Departmental Promotion
Committee, the following Asstt. Compilors of this Directorate are
promoted on a regular basis in temporary capacity on the post of D
computers in the scale of Rs. 1200-30-1560-EE-40-2040 from
11.10.90 lo 28.2.91 (Emphasis supplied)

1. Shri Tara Chand Sharma

2. Shri E.L. Verma (AJA) E

3. Smt. Asha Saxena

4. Shri Sunil Garg

5. Shri R.P. Verma. F

The above employees will remain placed on probation.

sd/-
(S. Pathak)
G
Dy. Director

The term fixed as above, was continued until the letter dated 30.11.93
was circulated by the Registrar General informing all concerned that the
sanction for temporary posts created in connection with the 1991 Census
will end by 31.12.1993. The Letter reads as follows: H
496 SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.

A "No.2/4/90-RG (Ad.II)
Govcrnn1cnt of Tndia
Ministry of Ho1nc Affairs
Office of the Registrar General, India

2A, Manshingh Road,
B New Delhi-11,
dated 30 November, 1993

All Directors of Census Operations
(including DRG (Language) Calcutta.
c Subject : Abolition of posts created in connection with 1991
Census · regarding

I am directed to say that all the posts which were· created in
connection with the 1991 census are at present sanctioned upto
D 31.12.1993 only. Therefore, they will stand abolished on that date.
In this connection, I am directed to request you to take consequen-
tial advance action in the matter. The proposals for extension etc.
of these posts need not be sent.

Yours faithfully
E sd/-
(Chandra Prakash)
Assistant Director 11

On the basis of the above letter, the impugned Order which is
con1111on, reverting the n:spondents, came to be passed. It reads as follo\VS:
F

rrGovernmcnt of 1ndia
Ministry of Home Affairs
Directorate of Census Operations,
G Rajasthan, Rambagh Place Annexe, Jaipur.

No. 4932/F-5/Cen/Estt/93-16 Dated 30.12.1993

OFFICE ORDER

H Consequent upon the expiry of sanction on 31.12.1993 of the
lJ.O.L v. T.C. SHARMA IK VENKATASWAMI, J.] 497

posts created for the 1991 Census, the following officials of this A
Directorate \vho are \Vorking against the posts shown against their
names in Column No. 3 1 on purely lcn1porary basis, arc hereby
reverted on the posts shown against their nan1cs in Column No. 4
with effect from 31.12.1993 (Afternoon) :

S.No. Nan1e Present Post Post un Reversion B
1. Sh. Rajendra Prasad Verma Computer Assistant Compilor
2. Sh. Sunil Kumar Garg Computer Assistant Compilor
3. Smt. Asha Saxena Computer Assistant Compilor
4. Sh. Babu Lal Verma (SC) Computer Assistant Compilor c
5. Sh. Tara Chand Sharma Computer Assistant Compilor
6. Sh. Om Prakash Badaya C::omputer Assistant Compilor
Sh. Ramesh Chand Bairwa
7. Computer Assistant Compilor
(SC) D
8. Sh. Mohar Pal Meena (ST) Computer Assistant Compilor

All the above official will continue to work in their present sections
till further orders ..
E
sd/-
(R.C. Bhargava)
Deputy Director
(Head of Office)"

F
This order of reversion was challenged by the respondents 1-6 before
the Tribunal. The petitioners sought to sustain the impugned revision order
on the ground that the temporary posts created for a fixed term have been
abolished and the _junior most computers were consequently reverted.

Though the abolition of temporary posts of Computers were brought G
to the notice of the Tribunal orally in the absence of any record (as the
one produced before us namely, letter of Registrar General dated
30.11.1993), the Tribunal was not prepared to accept the statement that the
posts temporarily created were abolished. In fact the Tribunal Observed
as follows : H
498 SUPREME COURT REPORTS (1995] SUPP. 4 S.C.R.

A "We have also been shown an order dated 13.8.1993 abolishing
certain (Jroup 'C' posts other thi.Jn (~omputers in the Directorate
of Census Operations. No such order for abolition of posts of
Compilors (Sic) Computers) has been produced before us, though
in the counter filed by the respondents, it is indicated that 21
temporary posts of Computers were created for the purpose of
B
1991 Census which arc no longer available after 1.1.1994."

Substantially on the above basis the Tribunal set aside the impugned
reversion ore.I er.

C Learned counsel appearing for the Respondents, however, placed
reliance on the fact of orders issued to the respondents regarding satisfac-
tory completion of probation and contended that in view of such orders,
the respondents cannot be rev~rted. We do not think that we can accept
this contention of the learned counsel for the respondents. On the facts of
D this case, we have seen that the order of promotion itself is unmistakable
terms indicated that the promotions were temporary and then the fact of
abolition of posts created for fixed period is not in dispute. In any event,
that fact of abolition of posts is now established by document produced
before us, namely, the letter of Registrar General of India dated 30.11.1993
extracted above. In view of the established position that the posts tem-
E porarily created to which posts respondents were temporarily promoted
having been abolished, the respondents cannot raise any objection for the
consequential reversion orders. We answer the question posed. in the
beginning in the negative.

F We make it clear that we are not called upon to decide the factual
question whether any junior/juniors to the respondnets were retained
causing prejudice to the respondents, as this matter was left open by the
Tribunal to be agitated independently.

In the result, we set aside the common order of the Tribunal and
G allow the appeals. There is no order as to costs.

T.N.A. Appeals allowed.