1981 INSC 0484
                                                    Union of India

                                                           Vs

                                        Zorawar Sing And Jagdish Prasad

                                      Civil Appeal Nos. 1855-1857 of 1971

                             (P.N. Bhagwati, R.S. Pathak, E.S. Venkataramiah JJ)

                                                      02.12.1981

                                                     JUDGMENT

1. There is nothing on the record to show that the appointment of the respondent in each of these
three appeals was made on an officiating basis. The order dated May 7, 1964 upgrading the four
posts to those of Chief Ticket Inspector does not show that the upgrading was of a temporary
character nor does that order promoting the respondent in each of the three appeals to the post of
Chief Ticket Inspector show that the promotion was on an officiating basis. The learned counsel
appearing on behalf of the Union of India has also not been able to draw our attention to any rule
which prescribes that the promotion of an employee to the post of Chief Ticket Inspector shall
initially be on an officiating basis. We must, therefore, proceed on the basis that the promotion of
the respondents in each of the three appeals to the pst of Chief Ticket Inspector was on a permanent
basis and if that be so the reversion of each of them must be held to be violative of Article 311(2) of
the Constitution. This indeed was not disputed by the learned counsel appearing on behalf of the
Union of India. His attempt was only to show that promotion of each respondent was on an
officiating basis but for reasons given above that attempt cannot succeed.

2. We accordingly dismiss each of the three appeals with costs.

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