1975 (11) TMI 169 - SC - Indian Laws

Summary

Issues:
1. Violation of rule 7 of the Haryana Agricultural Service Class II Rules, 1947 in promotion.
2. Termination of appellant's lien on the post of Agricultural Inspector.

Issue 1:
The appellant challenged an order promoting him as District Agricultural officer, alleging violation of rule 7 of the Haryana Agricultural Service Class II Rules, 1947. The single Judge quashed the order on grounds of non-compliance with the rule requiring promotion by selection on the advice of the Haryana Public Service Commission. However, the Full Bench disagreed, stating the rule was not breached. The Supreme Court upheld the Full Bench's decision, emphasizing the lack of violation of rule 7 in the promotion process.

Issue 2:
The dispute also involved the termination of the appellant's lien on the post of Agricultural Inspector. The Full Bench, by a majority decision, held that the appellant's lien had been terminated, based on rule 3.12 of the Punjab Civil Service Rules. However, the Supreme Court disagreed, citing rule 3.14(a)(2), which mandates the suspension of the lien when a government servant is appointed to a post outside their cadre. As the competent authority failed to suspend the appellant's lien, the Court ruled in favor of the appellant, reinstating his lien on the post of Agricultural Inspector. Consequently, the promotion of the appellant to District Agricultural officer was deemed legally valid.

In conclusion, the Supreme Court allowed the appeals, overturning the judgments of the single Judge and the Full Bench. The writ petitions filed by the respondents were dismissed, with each party bearing their own costs.