AIR 1993 SUPREME COURT 2273 ::1993 AIR SCW 2160 ::1993 LAB. I. C. 1533 ::1993 (2) CurLR 203 ::(1993) 67 FacLR 375 ::1993 SCC (L&S) 1072 ::1993 (3) SCT 396 ::1993 (2) ServLR 557 ::1993 (3) SCC(Supp) 252 ::1993 SCC (Supp) 3 252 ::(1993) 3 SCR 280 (SC) ::1993 (3) SCR 280 ::(1993) 25 ATC 594 ::(1993) 3 JT 740 (SC) ::1993 (3) JT 740

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): Kuldip Singh, Yogeshwar Dayal , JJ

(A) Punjab Agricultural Produce Markets Act (23 of 1961) , S.3(17)(ii), S.20— Haryana State Agricultural Marketing Board Service Rules (1974) , R.13, R.4(2)— Promotion -What constitutes - Sub-Divisional Officer entrusted with current duty charges of Executive Engineer by Chief Administrator - Not promotion - Subsequent order of Chief Administrator relieving him of current duty charge - Not revision - Both orders were within powers of Chief Administrator in view of Rules - Quashing of orders by High Court relieving him of current duty charge by treating it as case of promotion and on ground that Chief Administrator is not competent to appoint or revert him - Improper. Judgment of Punjab and Haryana High Court, D/-20-8-1992, Reversed. Constitution of India , Art.311— Reversion - Employee entrusted with current duty charge of higher post in his own pay scale - Neither appointed nor promoted to higher post - Relieved of current duty charge with posting of incumbent to said post - It does not amount to reversion. (Para 9) (B) Constitution of India , Art.226— Frivolous petition - Current duty charge - No one has right to stick to it - Petition challenging relieving order - Not maintainable. (Para 11) .....