2 1 A/50, dated the 23rd May, 1952, Shri K. S. Srinivasan, then officiating 1301 Public Relations Officer, All India Radio, was appointed to that post in a quasi permanent capacity with effect from the 1st May, 1949.
That application was also dismissed on March 16, 1956.
As the posts of Public Relations Officers form a cadre by themselves and do number belong to the cadre of Assistant Station Directors, he cannot claim any protection in the post of Assistant Station Director on account of his being quasi permanent as Public Relations Officer.
41 R Government of India, Director General, All India Radio.
The appellant appeared before the Commission on March 26, 1953.
Meanwhile, after relinquishing the charge of the post of Assistant Station Director, he should report himself for duty to the Principal Information Officer, Press Information Bureau, New Delhi.
With a view to protecting his present salary will be taken up after he has joined duty The appellant companytinued to make some more representations which were, however, rejected, and on October 11, 1955, an order was passed transferring the appellant to the Press Information Bureau as officiating Assistant Information Officer with immediate effect and the appellant was directed to hand over charge of the post of Assistant Station Director immediately and to take over his post in the Press Information Bureau forthwith.
350 25 500 EB 30 620 have been sanctioned on the strength of the Press Information Bureau and it is proposed to absorb him on temporary basis, against one of these posts.
The posts of Liaison Officer and Listeners Research Officer came within the third category and nine posts were created under each head.
Unfortunately, the appellant soon found that his troubles did number end with the order dated December 14, 1953.
Shri Srinivasan may please be informed accordingly.
The present judgment will govern the appeal by special leave as also the petition under Art.
78 of 1957 and Petition No.
New Delhi, the 14th December, 1953.
To save him the hardship of retrenchment, the question of offering Shri Srinivasan alternative employment has been companysidered.
The appellant then 13O4 moved the said High Court for a certificate for leave to appeal to this Court.
As this new offer deprived the appellant of his quasi permanent status and also amounted to a reduction in his rank, the appellant immediately sent fresh representations to the Home Ministry, Director General, and the Minister for Information and Broadcasting.
54/136 /51 NGS, dated the 24th April, 1952, Shri Srinivasan will carry with him the quasi permanent status of his former post of Public Relations Officer while holding the post of Assistant Station Director.
On April 18, 1953, the appellant was informed that the Union Public Service Commission had number selected him and the appellant was again informed that it was number possible to companytinue him in service.
This memorandum said Shri Srinivasans representation has number been companysidered by Government.
Subsequently, in August 1952, all posts of Public Relations Officers, except the one in the External Services Division, were held in abeyance.
On August 31, 1955, the appellant was informed by the then, Secretary, Miniistry of Information and Broadcasting, that the Union Public Service Commission had objected to his appointment as Assistant Station Director, holding that such appointment was companytrary to the regulations the appellant was then asked that he should relinquish the post of Assistant Station, Director and accept a temporary post of Assistant Information Officer in the Press Information Bureau or, in the alternative, he should clear out In may be stated here that the post of Assistant Information Officer offered to the appellant carried a scale of pay lower than that of an Assistant Station Director, namely Rs.
In this Directorate Order No.
350 25 500 30 620.
ORDER.
The Union Public Service Commission have number accepted this transfer as it is in companytravention of the Union Public Service Commission Consultation Regulations.
While Government was companysidering the representation of the appellant, the Union Public Service Commission interviewed in March, 1953, candidates for the posts of Assistant Station Directors.
The appellant made fresh representations to the effect that the order purporting to terminate his service on the ground that the Union Public Service Commission had number selected him for the post of Assistant Station Director, was an illegal order inasmuch as the appellant held a quasipermanent status and was entitled to hold a post in the grade of Assistant Station Directors, as long as anyone number in permanent or quasi permanent service companytinued to hold such a post.
While moving the application for special leave, learned companynsel for the appellant stated that without prejudice to the companytentions of either party, the appellant would take up the posts of Assistant Information Officer in the Press Information Bureau pending disposal of the appeal.
I I 13 81/52 dated the 14th December, 1953.
Appeal by special leave from the judgment and order dated November 25, 1955, of the Punjab High Court in Civil Writ No.
This petition was summarily dismissed by the Punjab High Court on the same date.
This was followed by an order dated December 14,1953.
On April 22, 1956, the appellant also filed a petition under Art.
Subsequently, lie was allowed to carry also irregularly, the quasi permanent status in the grade of Public Relations Officer while holding the post of Assistant Station Director, vide Directorate General, All India Radios order No.
It was just the fortunes of war.
Then, on October 4, 1952, the appellant submitted a further representation in which he said that under the rules in question, namely the Central Civil Service Temporary Service Rules, 1949, he was entitled to be retained in service in a post of the same grade and under the same appointing authority and it was, therefore, number necessary that he should be reselected for the post of Assistant Station Director by the Union Public Service Commission, In 1299 the companycluding paragraph of his representation the appellant stated that in deference to the suggestion made in the letter of the Director General dated September 19, 1952, he was enclosing an application to the Union Public Service Commission for the post of Assistant Station Director and if, after due companysideration, the Director General decided that the appellant should apply for the post of Assistant Station Director, his application should be forwarded to the Union Public Service Commission.
The post was reduced and there was numbermore room for him.
He applied for one of the posts of Assistant Station Director when they were advertised by the Union Public Service Commission in 1953, but was rejected.
To these representa tions the appellant received a reply to the effect that Government had decided to keep in abeyance the post of Public Relations Officer held by him and therefore it was number possible to retain him in that post and the appellant was given an opportunity to show cause why his service should number be terminated on the expiry of the period of numberice with effect from Jul 18, 1953.
450 25 500 30 800 with effect from January 1, 1947.
3 and 4 of the Central Civil Services Temporary Service Rules, 1949, and whereas an appointment to the post of Public Relations Officer was required to be made in companysultation with the Union Public Service Commission and their companycurrence to the appointment had been obtained, the appellant was appointed to the Public Relations Officers grade in a quasi permanent capacity with effect from May 1, 1949.
Later, on December 14, 1953, further orders were passed by the same authority Order No.
On July 3, 1953, the appellant received a memorandum dated June 9, 1953.
A companyy of the order was also sent to the Secretary, Union Public Service Commission.
4 of the memorandum, which need number be set out at this stage.
Thereupon, the appellant moved this Court for Special Leave and obtained such leave on April 23, 1956.
1 113 SI/52.
M. Lal, Director Geiieral.
The question of fixation of his pav in the grade of Assistant Information Officer.,
The absorption in this post also, is subject to the approval by the Union Public Service Commission to whom a reference has been made.
81 of 1956.
On November 25, 1955, the appellant filed a petition, numbered Writ Petition 209 D of 1955 in the Punjab High Court in which he prayed for the issue of a writ of certiorari or any other appropriate writ for quashing the orders dated September 7, 1955, and October 11, 1955, and asked for an order directing his reinstatement as Assistant Station Director in the External Services Division of the All India Radio, the post which he was holding when the orders companyplained of were passed.
The designation Liaison Officer was later changed to Public Relations Officer, and along with other posts of Listener Research Officer and Assistant Station Director, the posts of Public Relations Officers were upgraded to Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
With the deepest respect I companysider it ultra technical and wrong to companystrue this as companyditional on Government having the power.
The appellant refused to accept the lower post of Assistant Press Information Officer and on October 19, 1955, he made over charge under protest.
In their reply to the Public Service Commission dated June 22, 1954, Government said The Commission were number companysulted at the time of shifting of quasi permanent status of Shri Srinivasan from the, grade of Public Relations Officer to that of Assistant Station Director It is clear to me that Government intended, number merely to move him from one post to the other, but 1329 also to shift the status and that can mean numberhing less than that they intended him to have this status in the new post.
K. DAS J. On May 1, 1946, Shri K. S. Srinivasan, appellant before us, was appointed to a post of Liaison Officer, All India Radio, on a pay of Rs.
He is, therefore, required to relinquish charge of the post of Assistant Station Director immediately.
As the post of Public Relations Officer belongs to the same grade as Assistant Station Director carrying identical scales of pay Shri Srinivasan was appointed Assistant Station Director in the External Services Division with effect from the 22nd September, 1952.
In the first instance the appointments were made on probation for six months subject to termination on certain companyditions mentioned in para.
1297 S. Krishnaswamy Aiyanger and C. V. L. Narayan, for the appellant.
209 D of 1955.
A reply was asked for within 15 days.
A. Mehta, R. Ganapathy Iyer and R. H. Dhebar, for the respondent.
Since he has been rejected for the post of Assistant Station Director in an open selection and also since the Union Public Service Commission have number accepted his transfer, the Government of India regret that they are unable to allow him to companytinue in the post of Assistant Station Director.
The duties of a Liaison Officer were stated in para.
350 per month in the scale of Rs.
350 20 450 25/2 550.
In reply, the appellant again pointed out that having been given a quasi permanent status he was entitled to be retained in service under the rules governing Government servants holding such status, and the termination of his service would be in violation of 1300 Article 311 of the Constitution.
Under the provision companytained in the Ministry of Home Affairs Office Memorandum No.
The validity of this order, which is also challenged in the present appeal, necessarily depends on the validity of the earlier order dated September 7, 1955.
It was stated in the said memorandum that the posts were permanent and pensionable, but would be filled on a temporary basis the memorandum further stated that if the persons companycerned were retained in service and companyfirmed in the posts, they would be allowed pensionary benefits and would also be eligible to companytribute to the General Provident Fund.
On September 7, 1955, the appellant received the final order 1302 of Government, which is the order companyplained of in the present appeal.
was delivered by S. K. Das Bose J. delivered a separate judgment.
The appointment was made on the recommendation of the then Federal Public Service Commission, and the advertisement or memorandum of information for candidates, as it is more properly called, issued by the Public Service Commission when calling for applications for the said post, related to the recruitment for nine posts of Listeners Research Officers and nine posts of Liaison Officers, All India Radio.
February 18.
The Judgment of Das C. J., Venkatarama Aiyar, S. K. Das and Sarkar, JJ.,
5 of the memorandum, the main duty being to organise and companyduct publicity for the programmes and other activities of a Radio Station.
On September 3, 1952, however, the appellant received an order from the said Director General in which it was stated that his services would number be required after October 6, 1952.
2 1 A/50 in which it was stated that whereas the appellant had been in companytinuous Government service for more than three years and a declaration had been issued to him in pursuance of rr.
On September 13, 1952, the appellant was informed by means of an order that he was appointed to officiate as Assistant Station Director, Madras the appellant was then working as Public Relations Officer, All India Radio, Madras in a purely temporary capacity until further orders.
The appellant was naturally taken by surprise on receipt of this order and made a representation on September 8, 1952, in which he stated that as a quasi permanent Public Relations Officer he had a claim to an alternative post in the same grade, so long as any post in the same grade was held by a Government servant number in permanent or quasi permanent service.
On May 23, 1952, the Director General, All India Radio, passed an order bearing 1298 No.
On September 19, 1952, the appellant was informed that his representation dated September 8, 1952, was under companysideration and a suggestion was made that in the meantime he should apply for one of the posts of Assistant Station Directors which had been advertised by the Union Public Service Commission.
There is numberintention of reviving the posts of Public Relations Officer that were held in abeyance in 1952.
