9911796707
TMI Blog1964 (3) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... giving rise to this appeal which are necessary to be narrated to appreciate the only point urged before us were these: The respondent was recruited as an Upper Division Clerk by the Government of Bombay in 1931 and was later appointed substantively as a Junior Assistant in the Political Department. While so, on September 17, 1943 his services were transferred on deputation to the office of the Controller of Rationing, Bombay to work as a Senior Assistant in the newly started Rationing department which was a temporary department. He obtained successive promotions in this department and by March, 1954 he was drawing a pay of ₹ 460/- p.m. in the grade ₹ 350-30-650 as Rationing Officer. That department was abolished in March, 1954 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reverted to the parent department he was entitled to be posted as an Assistant Secretary-a post which according to him, he would have held on that date had he not been deputed to the department of Civil Supplies on September 17, 1943. There was no dispute that subject to an argument to which we shall refer presently, the respondent would have held the post of Assistant Secretary because the person next below him-one Nadkarni actually held that post on that day. The respondent claimed that on the basis of the Service Rules to which we shall immediately make reference he should, on his return to the parent department, have been posted as an Assistant Secretary and been allowed the scale of emoluments applicable to that post. As the Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the person concerned would have drawn pay in the time scale applicable to the post he holds on reversion, but for his deputation to another Department or office, i.e., the case should be so regulated as to restore the position the person concerned would have occupied in his parent Department had he not been deputed. The question as to whether this circular which was treated as an administrative instruction could confer rights enforceable in a court on a Government servant was referred to a Full Bench for its opinion. Before the learned Judges of the Full Bench the learned Advocate-General, however, brought to the notice of the Court that this circular merely gave effect to a statutory rule framed by the Government of Bombay. The releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant-State applied to the High Court for a certificate to enable an appeal to be filed to this Court and on this having been granted the appeal is now before us. In view of the decisions of this Court of which it is sufficient to refer to State of U.P. v. Babu Ram Upadhya ([1961] 2 S.C.R. 679) it was not disputed that if there was a breach of a statutory rule framed under Art. 309 or which was continued under Art. 313 in relation to the conditions of service the aggrieved Government servant could have recourse to the Court for redress. Learned Counsel for the Appellant, however urged two contentions in support of the stand that the respondent was not entitled to be appointed to any higher post than as a Senior Assistant or to recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the service in another ,department. If there was any ambiguity in what the rule meant it is wholly dispelled by reference to the circular which ensures to the officer on deputation in another department that he shall be restored to the position he would have occupied in his parent department had he not been deputed . It was not suggested that there was any ambiguity in the wording of this circular which, in our opinion, gives proper effect to the provisions of Rule 50(b).. The other submission of learned Counsel was that a Government servant though he had a right to increments in a time scale applicable to the post that he held on the date of his transfer on deputation and on which he had a lien, had no legal right to be promoted to a h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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