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Supreme Court Of India
K. GOPAUL
Versus
Union of India
Decided On : April 12, 1967
CONSTITUTIONAL LAW - ARTICLE 311 - REDUCTION IN RANK - TRANSFER TO A POST NOT INVOLVING REDUCTION IN RANK - PENSION AND GRATUITY - LIEN ON PERMANENT POST - INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES, 1954 - RULE 4(1) AND 4(2) - DISCRIMINATION BETWEEN STATES - NO UNIFORMITY REQUIRED.
Fact of the Case:
The appellant, a direct recruit to the Madras Registration Service, was promoted to the post of Inspector-General of Registration (I.G.R.) in 1956 and confirmed in that post in 1957. In 1963, the post of I.G.R. was included in the cadre of the Indian Administrative Service (I.A.S.). The appellant was transferred to the post of Accommodation Controller, which was a temporary post in the same pay scale as the I.G.R. post. The appellant challenged the transfer, arguing that it amounted to a reduction in rank and that he had lost his lien on a permanent post, which would affect his pension and gratuity.
Finding of the Court:
The court held that the transfer did not amount to a reduction in rank, as the Accommodation Controller post was not designated as a Head of Department, and the appellant continued to draw the same pay scale. The court also found that the appellant's lien on a permanent post was protected by the creation of a supernumerary post of I.G.R. in the State Service, which was a permanent post.
Issues: 1. Whether the transfer of the appellant from the post of I.G.R. to the post of Accommodation Controller amounted to a reduction in rank. 2. Whether the appellant lost his lien on a permanent post as a result of the transfer, which would affect his pension and gratuity. 3. Whether the inclusion of the post of I.G.R. in the cadre of the I.A.S. in the State of Madras only, and not in other States, amounted to discrimination.
Ratio Decidendi: 1. The court held that the transfer did not amount to a reduction in rank, as the Accommodation Controller post was not designated as a Head of Department, and the appellant continued to draw the same pay scale. 2. The court found that the appellant's lien on a permanent post was protected by the creation of a supernumerary post of I.G.R. in the State Service, which was a permanent post. 3. The court held that there is no requirement for uniformity between different States in determining the strength and composition of the Cadre of the I.A.S. in all the States.
Final Decision: The appeal was dismissed, but the parties were directed to bear their own costs.
Judgment
BHARGAVA, J.
( 1 ) THE appellant, K. Gopaul, was appointed to the Madras Registration Service as a direct recruit and commenced his service on posting as a District Registrar in January 1939. Under the latest Rules governing the Madras Registration Service, the Service, consists of two Classes. Class I has only one post in it, viz. , Inspector-General of Registration. In Class II, there are two categories, category 1 consists of posts of Inspectors of Registration Offices, and category 2 of posts of District Registrars. Under these Rules, the appellant was promoted as Inspector-General of Registration (hereinafter referred to as "i. G. R. ") in the post in Class I on 8/06/1956, and was confirmed in that post by the Government Order, dated 9/11/1957, with effect from 9/06/1956. While he was still holding this post, the post of I. G. R. was included in the cadre of the Indian Administrative Service with effect from 11/11/1963. On 25/01/1964, a Government Order was issued posting one O. H. Dias of the Indian Administrative Service, who was holding a post of Deputy Secretary to Government, Revenue Department, as I. G. R. , Madras, vice the appellant. That Government Order contained a note that orders regarding the posting of the appellant will be issued separately from the Home Department. Then, on 30/01/1964, a Government Order was issued posting the appellant to act temporarily as Accommodation Controller, Madras, vice one M. Sargunam. That Order further laid down that the appellant, as Accommodation Controller, will continue to draw his grade pay in the scale of Rs. 1,200-100 / 2-1,400 and, in addition, he will draw a special pay Rs. 100 per month and also a conveyance allowance of Rs. 75 per month if a car is maintained or Rupees 62/50 per month, if no car is maintained. On receiving this Order, the appellant moved a petition under Art. 226 of the Constitution in the High Court of Madras, seeking the quashing of the Order of the Government of India placing the post of I. G. R. , Madras, in the Cadre of the Indian Administrative Service with effect from l 1/11/1963, as well as the Order of the Madras Government, dated 30/01/1964, transferring the appellant to the post of Accommodation Controller, Madras. In pursuance of the Government Order made on the 5/01/1964, a notification was published in the Gazette, dated 5/02/1964. In this notification, the posting of O. H. Dias as I. G. R. Madras, in place of the appellant, was notified. In addition, it was laid down that the cadre post of Director of Fisheries, Madras, was to be kept temporarily in abeyance until further orders, and, instead, sanction was accorded to the creation of a temporary post of Director of Fisheries, Madras, in the grade of a Deputy Secretary to Government (non-I. A. S.) for a period of six months from the date of appointment or till the need for ceased, whichever was earlier. The notification proceeded to lay down that M. Sargunam is posted to act as Director of Fisheries, Madras, in the newly sanctioned post. Obviously, this posting was ordered, so that the post of Accommodation Controller, to which the appellant was transferred, should fall vacant and should be available for the appellant to take charge of it.
( 2 ) WHILE the petition before the High Court was still pending, another Order was issued by the Madras Government on the 6/06/1964, keeping the temporary post of Accommodation Controller, Madras, which earlier existed in the cadre of Deputy Secretary (non-I. A. S.), in abeyance with effect from 6/02/1964 afternoon, and with effect from the same date, sanction was accorded to the creation of a temporary post of Accommodation Controller, Madras, in the scale of Rs. 1,200-100/2-1,400 for the period from 6-2-1964 to 14-4-1964 afternoon both days inclusive. This scale of pay, it appears, was the scale in which the appellant was drawing his salary in the post of I. G. R. By this Order, dated 6/06/1964, it was further directed that the appellant, w
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