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1963 (9) TMI 52 - SC - Indian LawsNotification made by the Government of Punjab on October 31, 1957 "de-confirming" the petitioners from permanent posts of Tahsildars and according to them the rank of officiating Tehsildars challenged Held that:- We have already held that the respondents could not be validly confirmed as Tahsildars by the Financial Commissioner of PEPSU. Therefore, even though upon their allocation to the State of Punjab as from November 1, 1956, they were shown as confirmed Tahsildars, they could not in law be regarded as holding that status. Legally their status was only that of officiating Tahsildars. The notification in question in effect recognises only this as their status and cannot be said to have the effect of reducing them in rank by reason merely of correcting an earlier error. Article 311(2) does not, therefore, come into the picture at all. As found in s. 116 of the States Re-organization Act, 1956, sub-section (1) thereof deals with the continuance of an officer in the same post. Sub-section (2), however, provides that nothing in the section shall be deemed to prevent a competent authority after the appointed day from passing in relation to any such person any order affecting his continuance in such post or office. This provision is thus wide enough to empower the successor Government, which would be the competent authority under the Act, to make the kind of notification with which we are concerned in this case. For all these reasons we hold that the high Court was in error in granting the writ petition to the respondents. Appeal allowed.
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