Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--------S. 4---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), S. 11(1)---Phrase, "holding of appointment till further orders"---Connotation---Notification---Interpretation---Civil servant who was working in BS-18 in Evacuee Trust Properties Board, was appointed as Secretary to Evacuee Trust Properties Board vide a notification---Such appointment was as stopgap arrangement and civil servant was to hold the post till further orders---Subsequently Authorities issued another notification and appointed some other person as Secretary---Civil servant being aggrieved of the subsequent order filed appeal before Service Tribunal, which was allowed and subsequent notification was withdrawn---Pleas raised by the Authorities was that the civil servant could no be promoted to the post in question on regular basis rather his appointment was till further orders---Validity---Held Service Tribunal failed to interpret earlier notification in its true perspective by ignoring the clear stipulation contained therein that the civil servant was appointed to the post in question till further orders and from such stipulation it could be inferred without any doubt that it was not a regular appointment in accordance with S.11(1) of Evacuee Trust Properties (Management and Disposal) Act, 1975, and was by way of stopgap arrangement---Phrase "holding of appointment till further orders" meant that the civil servant held the post in question till orders were passed terminating his service-Mere fact that earlier notification also contained another stipulation that the appointment was on the same terms and conditions as were applicable to an officer promoted to BPS-19 post on regular basis would not confer any vested right on civil servant to claim appointment to the post in question---Judgment passed by Service Tribunal suffered from grave and serious illegalities and infirmities-Reversion of civil servant form the post in question to his original position/status as an officer in BS-18 did not suffer from any illegality, irregularity or infirmity---Subsequent notification did not violate any right of civil servant as according to…

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