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M.A. Hameed Vs. State of A.P. and anr. - Court Judgment

SooperKanoon Citation
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1221 of 1985
Judge
Reported in(2001)9SCC261
AppellantM.A. Hameed
RespondentState of A.P. and anr.
Excerpt:
- .....the facts and circumstances of this case we are not inclined to give back wages to the appellant from the date of his reversion in the year 1985 till the date of his retirement. the respondent shall fix the pay of the appellant in the rank of district inspector of local fund (accounts) notionally on the date of retirement for the purpose of post-retirement benefits. the respondents shall fix the revised pension to which the appellant is entitled within three months from the receipt of this order. he shall be entitled to revised enhanced pension from the date of his retirement. the respondent shall pay the arrears of pension to the respondent within further period of one month. the appeal is allowed in the above terms. no costs.
Judgment:

Order

 The appellant was appointed as temporary Lower Division Auditor (Junior Auditor) on 1-12-1961. He was regularised in the said post w.e.f. 22-10-1969. He was promoted as temporary Upper Division Auditor (Senior Auditor) on 11-5-1970 and was regularised in the said post on 1-7-1972. He was further promoted to the post of District Inspector of Local Funds (Accounts) on 23-8-1971. He continued to work in the said post for more than ten years and finally by the order dated 8-1-1981 was reverted to the post of Senior Auditor. The appellant challenged the order of reversion before the Andhra Pradesh Administrative Tribunal. The Tribunal dismissed the application. We have heard learned counsel for the parties. Learned counsel for the respondent State of A.P. contends that the appellant was holding the post of District Inspector of Local Funds (Accounts) on a temporary basis and as such he had no right to hold the post. In the counter-affidavit filed before this Court it is stated that at the time when the appellant was promoted the senior persons had left Telangana area and as such his promotion was without considering the senior persons. We are of the view that the reversion of the appellant after he held the higher post for more than a decade was wholly unjustified. If his appointment was temporary or irregular in any manner he should have been reverted within a reasonable period. Even after the reversion order was passed the appellant continued to hold the post till 1985 under the stay order granted by the Tribunal. We are, therefore, of the view that the reversion of the appellant from the post of District Inspector of Local Funds (Accounts) after a period of 11 years has done more harm than good. We, therefore, allow the appeal and set aside the order of reversion. Mr B. Kanta Rao states that the appellant retired on attaining superannuation in September 1993. Keeping in view the facts and circumstances of this case we are not inclined to give back wages to the appellant from the date of his reversion in the year 1985 till the date of his retirement. The respondent shall fix the pay of the appellant in the rank of District Inspector of Local Fund (Accounts) notionally on the date of retirement for the purpose of post-retirement benefits. The respondents shall fix the revised pension to which the appellant is entitled within three months from the receipt of this order. He shall be entitled to revised enhanced pension from the date of his retirement. The respondent shall pay the arrears of pension to the respondent within further period of one month. The appeal is allowed in the above terms. No costs.


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