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1975 Supreme(MP) 55
High Court Of Madhya Pradesh
P. K. Tare, C. J. , S. M. N. Raina and M. L. Malik, JJ.
ASHOK KUMAR MUKHERJEE - Appellant
Versus
REGISTRAR OF HIGH COURT OF MADHYA PRADESH - Respondents
Misc. Petn. 421 Of 1971
Decided On : 06/27/1975
J.P.BAJPAI, K.P.MUNSHI, Y.K.Munshi, Y.S.DHARMADHIKARI
Headnote:(1) Constitution of India - Art. 311 (2) – withdrawal of powers of a Civil Judge Class I and asking him to work as Civil Judge Class II - is not reduction in rank.
Per Majority - The withdrawal of powers of a Civil Judge, Class I, from a Civil Judge and asking him to exercise powers of Civil Judge Class II, does not amount to 'reduction in rank'. 1973 JLJ 10 14 (SC) relied on. [Paras 34, 37, 42 & 43]
Per Raina, J. - Withdrawal of powers of Civil Judge, Class I from a Civil Judge, and asking him to exercise the powers of a Civil Judge, Class II, amounts to reduction in rank, because he cannot be considered for promotion as Additional District and Sessions Judge unless and until he is again promoted as Civil Judge, Class I, and even then his promotion will be based on his seniority as Civil Judge, Class I, as counted from his second date of promotion. [Paras 12, 16, & 17]
It is settled law that Article 311 of the Constitution is not attracted in every case of reduction in rank, unless the reduction amounts to punishment. AIR 1958 SC 36 relied on. [Para 18]
(2) Constitution of India - Art. 311(2) - 'reduction in rank' - what is.
Per Raina, J. - It would be erroneous to assume that there is no reduction in rank so long as there is no loss of emoluments. There can be posts of various grades in the same scale of pay. In such a case reversion of a person from the post of a higher grade to a lower grade would amount to reduction in rank, even though no loss of emoluments is involved thereby. [Para 15]
Per Malik, J. - The rank does not depend upon the responsibilities an incumbent of a unit discharges, or whether he is the Head of Department. So long the scale of pay is the same, he can be transferred to any post borne on the strength of that unit. [Para 33]
The expression 'rank' has a reference to a person's classification, is the hierarchy of service to which he belongs, and not to higher or lower responsibilities the incumbents of the same cadre discharge. AIR 1962 SC 1704, AIR 1967 SC 1864, AIR 1966 SC 1529 & AIR 1966 SC 1197 relied on. [Para 34]
Per Tare, C.J. - The phrase 'reduction in rank' implies reduction to a lower post or to a lower time scale or to a lower stage in the same time scale. AIR 1958 SC 36 relied on. [Para 43]
It is true that the pay scale is not the only factor to be considered in ascertaining whether a person has been reduced in rank. Reduction in rank would mean either loss of status or loss of salary or loss of time scale. But where the chances of promotion recede, the same can never be equated with reduction in rank or where there is loss of seniority, the same can also not be considered to be reduction in rank. [Para 43]
( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution of India for quashing the reversion of the petitioner from the post of Civil Judge, Class I to the post of Civil Judge, Class II.
( 2 ) THE petitioner was appointed as Civil Judge in 1962, and was confirmed in 1964. He was initially posted as Civil Judge, Class II and continued to occupy that post until he was appointed as Civil Judge Class I at Umaria on 24-5-1968. On 13-5-1969, he was transferred to Seoni as Civil Judge Class II vide annexure 'b'. According to the petitioner, this amounted to reduction in rank. He, therefore, challenged the order dated 13-5-1969 on the ground that it was in contravention of Article 311 of the Constitution and also on the ground that it was in violation of Articles 14 and 16 thereof.
( 3 ) THE Division Bench of this Court before which the petition came up for hearing referred the following questions for decision to a larger Bench in view of the decision of this Court in B. A. Nigam v. Registrar, High Court of M. P. , 1971 mplj 973 = (1972 Lab 1c 95 ).
(1) Whether it is correctly decided in B. A. Nigam v. Registrar, High court of M. P. (supra) that maintenance of a separate list of Civil judges, Class I, counting their seniority from the date they are appointed as Civil Judges, Class I, amounts to creation of a new cadre? (2) Whether in considering the names of Civil Judges, Class I, in the order in which they are shown in the said list, Articles 14 and 16 of the Constitution are violated? (8) Whether the withdrawal of powers of a Civil Judge, Class I, from a civil Judge and asking him to exercise powers of Civil Judge. Class II, amounts to 'reduction in rank?
( 4 ) BEFORE we proceed to deal with the aforesaid questions it would be pertinent to take note of the fact that the decision of this Court in B. A. Nigam v. Registrar, High Court of M. P. , 1971 MPLJ 973 = (1972 Lab IC 95), has been set aside by the Supreme Court in Registrar of High Court of M. P. v. B. A. Nigam, 1973 MPLJ 680 = (AIR 1973 SC 1371 ). Learned counsel for both the sides frankly conceded that in view of the decision of the Supreme Court the first two questions have to be answered in the negative. We, therefore, do not consider it necessary to deal with this matter any further and answer the first two questions in the negative.
( 5 ) THE controversy before us was confined to the third question. The point for consideration in connection with this question is whether the posting of a Civil judge, Class I as Civil Judge, Class II amounts to reduction in rank. This question assumes importance particularly in the context of Articles 311 of the constitution of India. The word 'rank' has not been defined in the Constitution. Its ordinary dictionary meaning is "an official grade or position". It also means
"a relative position usually in a scale classifying persons or things. " (Webster's new World Dictionary, Second College Edition page 1176 ). According to "black's law Dictionary' Fourth Edition, page 1426 it signifies "grade of official standing".
In 7. 5 C. J. S. at page 458 rank' is defined as meaning "grade of official standing". Bearing in mind the aforesaid meaning of the word "rank" we may examine the question referred to us. For a proper examination of this question it is necessary to take note of the following facts. There is one single cadre of civil Judges borne on a uniform scale of pay. There are no separate cadres of civil Judges Class I and Civil Judges Class n with different scales of pay.
( 6 ) SECTION 3 of the Madhya Pradesh Civil Courts Act, 1958 (hereinafter referred to as 'the Act') however, lays down that there shall be the following classes of civil Courts, namely:-
(1) the Court of the District Judge; (2) the Court of the Additional District Judge; (3) the Court of the Civil [fudge (Class I); and (4) the Court of the Civil Judge (Class II ). Section 6 of the Act provides that the Court of Civil Judge (Class II) shall have jurisd
