SH. MAHESHWARI SENIOR HIGHER SECONDARY SCHOOL AND ANR.versusBHIKHA RAM SHARMA AND ORS.
- Citation
- 1996 INSC 229
- Decided
- 12 February 1996
- Disposal
- Appeal(s) allowed
Holding
Abolition of a post automatically terminates the service of its holder from the date of abolition, rendering any further enquiry under the service rules unnecessary.
Summary
The appellant, Maheshwari Senior Higher Secondary School, challenged the termination of Bhikha Ram Sharma, who had been appointed as a Steno‑Typist on an ad‑hoc basis on 15 July 1992. The management passed a resolution on 21 May 1994 abolishing the ad‑hoc post, and Sharma's service was terminated on 31 May 1994. The Rajasthan High Court held that the termination was not in accordance with the service rules and ordered an enquiry. The Supreme Court held that when a post is abolished, the incumbent automatically ceases to hold the post from the date of abolition, making the termination valid without the need for an enquiry. Consequently, the appeal was allowed and the High Court’s order set aside.
Issues considered
- Whether an employee appointed on an ad‑hoc basis can continue in service after the post is abolished
- Whether termination of service without conducting an enquiry under the service rules is valid when the post has been abolished
Subjects
Judgment
;
A SH. MAHESHWARI SENIOR HIGHER SECONDARY
SCHOOL AND ANR.
v.
BHIKHA RAM SHARMA AND ORS.
FEBRUARY 12, 1996
B
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.)
Se1Vice Law :
·C Appointment on ad hoc basis-Abolition of the post-Subsequent ter-
mination of se1Vice-Tribunal and High Court holding tennination not in
accordance with Rules-Held, on abolition of post, holder of post ceases to
continue from date of abolition of post-Hence tennination valid-Question
of conducting enquiry under Rules does not arise.
D CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3645 of
1996.
From the Judgment. and Order dated 29.8.95 of the Rajasthan High
Court in D.B.C.S.A. (Writ) No. 482 of 1995.
E M.C. Bhandare, Vipin Gogia, Sushil K. Jain and AP. Damija for the
Appellants.
Rajesh Srivastava, Ujjwal Banerjee, H.K. Puri and S.P. Lenka, for
the Respondents.
F The following Order of the Court was delivered :
Leave granted ..
This appeal by special leave arises from the order· of the Rajasthan
High Court made in D.B. Special Appeal (Writ) No. 492/95. The short
G question is: whether the respondent can be permitted to continue in a post
that stands abolished? It is not in dispute that the respondent was ap-
pointed as Steno-Typist on ad hoc basis w.e.f. July 15, 1992. While he was
continuing, the Management had passed. a Resolution on May 21, 1994
stating that there was no necessity to continue the ad hoc post of Steno-
H typist. Consequently," the post stood abolished. Thereafter, the impugned
466
f
\ MAHESHWARI SR. HR. SEC. SCHOOL v. B.R. SHARMA 467
order was passed on May 31, 1994 terminating the service. When the A
appellants had proceeded to the Tribunal and then to the High Court, the
High Court came to the conclusion that termination is not according to
rules and directed to conduct an enquiry according to Rules and to take a
decision. The approach adopted by the High Court is wholly erroneous. It
is settled law that on abolition of the post, the existing holder of the post
ceases to continue from the date of abolition of the post. Since the
B
termination of the service of the respondent is only due to abolition of the
post, the question of conducting the enquiry under Rules does not arise.
The appeal is accordingly allowed. No costs.
G.N. Appeal allowed. c
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