Law:

Section:

Government servant Post created on temporary basis under new scheme, offered to, and accepted by incumbent as a gazetted post-Subsequently post declared to be non-gazetted-No reduction in rank involved-Government's plenary powers in matter of creation of posts-Case not to be treated as falling in contract-­Government of India Act, 1935, S. 240-Constitution of Pakistan (1956), Art. 181. The post of a Wool Grading Inspector, under a new scheme, was offered to the appellant as a gazetted post on a temporary basis. Subsequently, after the appellant had duly joined duty, he was informed that the post would be a non-gazetted one. The appellant, after making representations to his Depart­ment, went in for a writ petition before the High Court which was dismissed. The petitioner alleged in his petition that he had suffered a reduction in rank and that he was given no opportunity of showing cause as required by section 240, Govern­ment of India Act, 1935. An appeal was taken to the Supreme Court, and leave was given to consider the question "Whether, after the offer of a gazetted post had been made and accepted, there was still power in the Government to alter the terms of the service thus created by unilateral declaration that the post was to be treated as non-gazetted." Held, that the case did not fall to be considered in contract. The notion of reduction in rank was entirely irrelevant to the case. This was a case of the introduction of a new scheme by the Government for the implementation of which a number of posts were created, and since for the first few years the scheme would be experimental, those posts were created on a temporary basis. The introduction of the scheme and the creation of the necessary posts was within the plenary power of the Government. The actions of Government in this respect were not in any way fettered by any statutory or other considerations. As an aspect of this complete power and discretion, the Govern­ment must be allowed to possess, at any rate, up to the time when the scheme was confirmed and the posts were made permanent, the power of deciding on the basis of experience and estimation of requirements, what should be the terms and the…

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