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1975 Supreme(SC) 47

N.L.UNTWALIA, P.N.BHAGWATI, K.K.MATHEW
Union Of India – Appellant
Versus
Gurbux Singh – Respondent


Advocates:
HARBANS SINGH, R.N.SACH

Judgment

BHAGWATI, J.: - The question that arises for determination in this appeal is as to which authority was entitled to terminate the service of the first respondent - the Central Government or the Government of Punjab.

2. The first respondent was, prior to his appointment as an Assistant Settlement Commissioner, holding the post of Deputy Registrar, Land Record in a temporary capacity under the State of Punjab. The first respondent had no lien on any permanent post and was a temporary servant of the - Punjab Government. On the coming into force of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Act) it became necessary to appoint officers and staff in the State of Punjab for the purpose of carrying out various functions and duties under the Act. One of such functions and duties was grant of proprietary rights to quasi permanent allottees of agricultural land and houses in the rural areas in the State of Punjab. The President of India, therefore, sanctioned the creation of certain posts which included two posts of Assistant Director to be designated as Assistant Settlement Commissioner under the Act for a period of six months from












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