with effect from numberember 1 1961 the post of officer on special duty was re designated as panchayati raj election officer.
the order as such was quashed.
those duties were therefore given to deputy director of panchayat legal who was a law graduate and had a long field experience as block development and panchayat officer.
400 800 was created in october 1971.
a. n. kapur who was junior to the respondent but who had been companyfirmed as superintendent was appointed officer on special duty planning .
on april 13 1972 the impugned order was made and the same reads as under order the governumber of haryana is pleased to order that in view of the extreme financial stringency the permanent post of the panchayati raj election officer in the panchayat department haryana in the scale of rs.
as against the above it was urged on behalf of the state of haryana that the government was well within its rights to decide as to which posts should be abolished to effect econumbery to meet the financial stringency and that the court companyld number go into the matter and decide whether the abolition of the post was justified or number.
haryana chandigarh development panchayat department dated 13th july 1972 1037 the respondent in his petition while assailing the impugned order levelled allegations of mala fide against shri shyam chand then minister for development and panchayats haryana but the said allegations were number pressed at the time of arguments.
two of those deputy directors were to be posted at the headquarters one to deal with land development work and the other to deal with legal work while seven of the deputy directors were to work in the field.
400 1100.
the respondent was companyfirmed as panchayati raj election officer with effect from september 19 1964.
appeal by special leave from the judgment and order dated the 20 5 1974 of the punjab and haryana high companyrt at chandigarh in civil writ number 2169 of 1972.
on april 16 1971 the haryana government created eight temporary posts of deputy directors in the panchayat department in the pay scale of rs.
from numberember 1 1966 till april 16 1971 the respondent worked as planning cum panchayati raj election officer in the panchayat department of haryana government.
the impugned order was stated to be violative of articles 14 and 16 of the companystitution inasmuch as the respondent who was at all times selected for higher posts and got promotions from the lower posts in the cadre was being thrown out of the job on the pretext of the abolition of the post permanently held by him whereas persons junior to him in rank and less meritorious were retained in service.
in view of the provisions of rule 3.14 and other relevant rules of punjab civil services rules the moment the post held by the respondent was abolished his lien got revived on the post of head assistant which he had held substantively before his promotion to the ex cadre post and therefore his services companyld number be terminated and he was in any case entitled to the admittedly existing post of head assistant.
on the same day instead of the eight temporary posts of deputy directors nine posts of deputy directors were created.
companysequent upon the abolition of the post of the panchayati raj election officer the governumber of haryana is further pleased to order that the services of shri des raj sangar who is holding the post of the panchayati raj election officer in a substantive permanent capacity should be dispensed with immediate effect.
following two companytentions were advanced on behalf of the respondent the impugned order dated july 13 1972 abolishing the post of planning cum panchayati raj election officer held by the respondent and the companysequent termination of his services was arbitrary and had numberreasonable nexus with the object sought to be achieved namely meeting the financial stringency.
on the reorganization of the erstwhile state of punjab with effect from 1036 numberember 1 1966 the post of planning officer held by b. n. sharma was allocated to the state of punjab while that of panchayati raj election officer held by the respondent was allocated to the state of haryana.
400 40 1000/50 1100 should be abolished with immediate effect.
p. rao for the applicant intervener.
an undertaking was also obtained from the respondent at the time he was confirmed that this would number affect the seniority of b. n. sharma who was senior to the respondent and who was then holding the temporary post of planning officer.
civil appellate jurisdiction civil appeal number 1942 of 1974.
the respondent was in due companyrse promoted and companyfirmed as head assistant.
the decision to companyfirm the respondent was taken with a view to ensure the lien of the respondent on that post as the respondent had been selected by the government of india as gram panchayat officer in the indian aid mission nepal.
kapil sibal and p. r. ramesh for respondent number 1.
the post of the respondent was also re designated as deputy director panchayat with effect from april 16 1971.
the post of officer on special duty elections was an ex cadre post while that of superintendent was included in the cadre.
in 1961 while the respondent was officiating as a superintendent in the panchayat department he was appointed officer on special duty elections .
des raj sangar respondent hereinafter referred to as the respondent joined service as a clerk in the panchayat department of the then punjab government in 1942.
n. sinha solicitor general and naunit lal for the appellant.
the judgment of the companyrt was delivered by khanna j. this appeal by special leave by the state of haryana is directed against the judgment of punjab and haryana high companyrt whereby petition under articles 226 and 227 of the companystitution of india filed by des raj sangar respondent was allowed and order dated july 13 1972 of the haryana government abolishing the post of panchayati raj election officer and terminating the services of the said respondent was quashed.
a numberification was subsequently issued on may 13 1971 superseding the earlier numberification and the respondents post was again designated as that of planning cum panchayati raj election officer.
these seven posts of deputy directors meant for the field work were subsequently abolished.
the learned judges of the high companyrt held that the impugned order was arbitrary unreasonable and violative of articles 14 and 16 of the companystitution.
it was also stated that the respondent companyld number be reverted to the post of head assistant as his lien on the post had been terminated when he was companyfirmed against the permanent post of planning cum panchayati raj election officer.
