Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1965

Supreme Court of India · 1965-12-16

DIVISIONAL PERSONNEL OFFICER, SOUTHER RAILWAY vs S.RAGHAVENDRACHAR

Citation / case number
SC 1965/42
Court
Supreme Court of India
Petitioner
DIVISIONAL PERSONNEL OFFICER, SOUTHER RAILWAY
Respondent
S.RAGHAVENDRACHAR
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.

Judgment text excerpt

The Supreme Court held that the reversion of a government servant from an officiating post to a substantive post, while juniors are retained in the higher post, does not constitute a reduction in rank under Article 311(2) of the Constitution. The Court distinguished this case from Madhav Laxman Vaikunthe v. State of Mysore, emphasizing that the respondent's chances of promotion were not barred, and he retained his rank in the substantive post without penal consequences. The appeal against the High Court's decision was allowed, affirming that the reversion did not violate constitutional guarantees.

DIVISIONAL PERSONNEL OFFICER, SOUTHER RAILWAY vs S.RAGHAVENDRACHAR · Niyam