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february 1958

Supreme Court of India · 1958-02-18

K. S. SRINIVASAN vs UNION OF INDIA

Citation / case number
SC 1957/60135
Court
Supreme Court of India
Petitioner
K. S. SRINIVASAN
Respondent
UNION OF INDIA
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court held that the appellant, a Public Relations Officer, could not carry his quasi-permanent status to the post of Assistant Station Director due to a misapprehension regarding the grade of the posts, thus his service was terminable under Rule 6(1) of the Central Civil Services (Temporary Service) Rules, 1947. The Court clarified that Article 311(2) of the Constitution does not apply if the servant has no right to the post and can be terminated under the Service Rules. The decision in Parshotam Lal Dhingra v. Union of India was relied upon, establishing that the term 'reduction' in Rule 6(1) includes keeping posts in abeyance, and that quasi-permanent status is governed by the Rules.

K. S. SRINIVASAN vs UNION OF INDIA · Niyam