TMI Blog1972 (2) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... he post. He returned to India in 1953 and found that the post advertised had already been filled. 2. On 25-6-1954 the Punjab Government through the Punjab Public Service Commission again advertised for the post of Landscape Architect in the Capital Project Administration, Chandigarh on the same terms. The appellant applied for the post and was selected by the Punjab Public Service Commission. The terms of appointment which the appellant accepted were as follows : (1) The post belongs to provincial service Class I and is temporarily sanctioned up to 28-2-1955 for the present but is likely to continue thereafter. It is non-pensionable but the permanent Government servant if appointed to it will be allowed to retain his pensionary status. The incumbent of the post will be eligible to subscribe to General Provident Fund according to the rules of that fund. (2) The period of probation will be six months for candidates already in service and one year for direct recruits. The appointment can be terminated by three months' notice on either side, except in the case of misconduct, inefficiency, neglect or failure of duty, when the services will be terminated without notice. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r post like that of an Executive Engineer in the Engineering Section of the Capital Project carrying the same scale of pay as the post of landscape Architect. Instead of doing so the appellant was reverted to his original post in class III service, the result of which was not merely to reduce him from a class I to a class III post but also affected seriously his pecuniary benefits. It was submitted on behalf of the State, on the other hand, that the appellant was not confirmed and could not have been confirmed in the post of Landscape Architect because it was a temporary post the tenure of which was extended from time to time, and the appellant was not entitled to any equivalent post in the Engineering Section of the Capital Project not only because he was not qualified for that post but also because he had no claim to it. On the discontinuance of the post of Landscape Architect, there was no other alternative for him but to his original post and hence no protection could be claimed by him under Article 311(2) of the Constitution. 8. It is an admitted fact that there is no order of the Government confirming the appellant as a Landscape Architect nor was any such order communicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be implemented and this should be done immediately. Sd/- Kartar Singh R.M. 18-8-58. Though in the last note dated 18-8-1958 the Revenue Minister had stated that the Government had ordered the appellant's confirmation that was obviously a slip of memory. There was no Government order confirming the appellant. All that the Revenue Minister had done on 11-2-1958 was to suggest to the Secretary that the appellant should be confirmed on the completion of his probation. That suggestion could not be implemented owing to the nature of the post which the appellant had held. On 18-8-1958 when the Revenue Minister made the above note he was no longer in charge of the Capital Project. It is obvious that these notings by the Minister with regard to the confirmation as under the ru les the appellant's confirmation in the temporary post of Landscape Architect was impossible. The appellant, therefore, was not entitled to rely upon these notings for proving the fact that he had been actually confirmed when it is admitted that no effective order confirming him in post was ever passed or communicated to him. 9. It was next contended that even if it is assumed that he was confir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the post on 4-11-1958 was that he continued to be a probationer and had no right to the post. It, therefore, follows that when the tenure of the post came to an end, he was automatically reverted to his original post as an Inspector which he had the lien. 10. The suggestion that since he had occupied a class I post till 4-11-1958 he should have been absorbed in an equivalent post like that of an Executive Engineer, has no merit at all. It is true that by the reversion to class III post he suffers great pecuniary loss but that could not be helped because he must have known when he applied for this temporary post that after all he was holding it for a temporary period and after the abolition of the post he was liable to be reverted to his original post. Though it is true that in the advertisement of the post it was stated that the post was likely to continue after 28-2-55, but that was no assurance that the post would be made permanent. 11. The second ground of attack based on malafides is as follows. According to the appellant, soon after he assumed charge of his new post he made disclosures of several irregularities which had taken place in the Project and this made him ..... X X X X Extracts X X X X X X X X Extracts X X X X
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