STATE OF UTTAR PRADESH Vs. NAND KISHORE TANDON

JUDGEMENT

(1.) In this appeal by special leave, the State of Uttar Pradesh urged before this Court that the judgment of the High Court is illegal and erroneous inasmuch as it is against the ratio laid down by this Court in Director of Panchayat Raj v. Babu Singh, (1972) 2 SCR 400 .

(2.) The facts of the appeal lie within a narrow compass. The respondent was appointed as Enquiry Inspector in the Food and Civil Supplies Department some time in the years 1945. He was appointed in a substantive capacity to a temporary post. Subsequently the post became permanent but there was no declaration by the Government confirming the respondent. By order dated August 29, 1967, the District Magistrate, Gonda served a notice on the respondent terminating his services and directed payment of one month's salary in lieu of one month's notice for termination of service. The order was passed on the basis that the respondent was merely a temporary employee. The respondent filed a writ petition before the High Court which was heard by a single Judge who, relying on a Division Bench decision of that Court held that as the respondent had been appointed in a substantive capacity to a temporary post and since the post was subsequently made permanent, the respondent must be treated to be a permanent employee and therefore the order of the District Magistrate terminating the services of the respondent as a temporary employee was bad. The High Court accordingly quashed that order. The appellant then went up in Special Appeal to a Division Bench of the Allahabad High Court which was also dismissed. Hence this appeal by special leave.

(3.) Learned counsel, Mr. Dikshit, appearing for the State, has relied on the decision of this Court in Director of Panchayat Raj v. Babu Singh, (supra) for the proposition that the mere fact that a person who is appointed in a substantive capacity to a temporary post does not become permanent if the post is declared to be permanent. We find that the present case is on all fours with the facts decided by this Court in Director of Panchayat Raj v. Babu Singh, (supra) where this Court held as follows: