STATE OF ASSAM Vs. BIRAJA MOHAN DEB

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the High Court of Assam & Nagaland where by the High Court allowed the petition under Article 226 of the Constitution filed by respondent No. 1 and quashed the order of the Assistant Director of Public Instruction, N.C.C. Assam, dated April 25, 1964.

(2.) The facts may be briefly stated. Respondent No. 1 retired from military service on January 11, 1959. He was re-employed as a temporary Lower Division Assistant in the office of the 0 C.21, Assam Engineering Platoon N.C.C., Jalakabari with effect from January 12, 1959. At that time he was drawing a monthly pension of Rs.30.50. His pay was fixed at Rs. 64.50 in addition to the pension which he was drawing, the salary scale being 60-4-80-EB-5-125. The post to which he was appointed temporarily is stated to be a temporary post itself liable to be renewed from year to year. On September 26, 1963 the Assistant Director of Public Instruction, promoted respondent No. 1 to officiate as Upper Division Assistant in the grade of Rs.125-5-175. He was, however, reverted to his original temporary post of Lower Division Assistant on April 24, 1964. In August 1964 he filed a writ petition in the High Court which was allowed.

(3.) The main reasoning which appears to have prevailed with the High Court was that in the absence of any term, express or implied, that the services could be terminated after giving a reasonable notice or in the absence of their being a rule that a person if allowed to officiate in a higher post can be reverted to the substantive post the reversion of a civil servant will be a reduction in rank and the provisions of Article 311 will be attracted.