CASE NO.: Appeal (civil) 3645 of 1996 PETITIONER: SH. MAHESHWARI SENIOR HIGHER SECONDARY SCHOOL AND ANR. RESPONDENT: BHIKHA RAM SHARMA AND ORS. DATE OF JUDGMENT: 12/02/1996 BENCH: K. RAMASWAMY & G.B. PATTANAIK JUDGMENT:
JUDGMENT
1996 (2) SCR 466
The following Order of the Court was delivered : Leave granted.
This appeal by special leave arises from the order of the Rajasthan High
Court made in D.B. Special Appeal (Writ) No. 492/95. The short question is:
whether the respondent can be permitted to continue in a post that stands
abolished? It is not in dispute that the respondent was appointed as Steno-
Typist on ad hoc basis w.e.f. July 15,1992. While he was continuing, the
Management had passed a Resolution on May 21, 1994 stating that there was
no necessity to continue the ad hoc post of Steno-typist. Consequently, the
post stood abolished. Thereafter, the impugned order was passed on May 31,
1994 terminating the service. When the appellants had proceeded to the
Tribunal and then to the High Court, the High Court came to the conclusion
that termination is not according to rules and directed to conduct an
enquiry according to Rules and to take a decision. The approach adopted by
the High Court is wholly erroneous. It is settled law that on abolition of
the post, the existing holder of the post ceases to continue from the date
of abolition of the post. Since the termination of the service of the
respondent is only due to abolition of the post, the question of conducting
the enquiry under Rules does not arise.
The appeal is accordingly allowed. No costs. G.N.