M SAMPATHKUMAR Vs. CEN PROVI DENT FUND COMMR

JUDGEMENT

(1.) The petitioner who is a Head Clerk in the Offiie of the Regional Provident Fund Commissioner, Bangalore, has claimed that he has a right to continue in the post of Care Taker which has been upgraded to the post of Superintendent on the ground that he must be deemed to have been appointed to the said post by force of Fundamental Rule 23.

(2.) The facts of the case in brief are as follows: -

(3.) The Central Board of Trustees considered the question of upgrading the post of Care Taker having regard to the higher duties and responsibilities proposed to be entrusted to the post of Care Taker. Sanction was accorded for the upgradation of one post of Head Clerk equivalent to that of Superintendent (Regional) and to designate it as Care Taker by making a. corresponding reduction of one post of Head Clerk (Vide Annexure-F). The relevant portion of the order reads: Accordingly I am to convey the approval of Central Provident : Fund Commissioner to the conversion of the existing post of Care Taker sanctioned to your Regional Office from the existing cadre of Head Clerk to supdst. (Regional) as detailed below :-