No vested right to hold current charge of higher post, says HC; advises non-arbitrary process

The Punjab and Haryana High Court has made it clear that the assignment of current charge of a higher post must be guided by a non-arbitrary process.

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The assertion came as the court advised the Haryana State Agricultural Marketing Board (HSAMB) to follow a fair and consistent approach by entrusting such charge to the senior-most eligible employee with an unblemished record.

Ruling that no civil post holder has a vested right to continue holding current charge of a higher post, Chief Justice Sheel Nagu held that such assignment can be withdrawn without adhering to the principles of natural justice.

“It is settled in service jurisprudence that no civil post holder has a right to hold current charge of any higher post for any particular period of time,” the Bench observed.

The ruling came in a case where nine petitioners — all substantively holding the posts of Junior Engineers (Civil) — had challenged the withdrawal of current charge of Sub Divisional Engineer (SDE), entrusted to them between 2012 and 2018.

The petitioners assailed the Board’s order dated June 16, 2021, on the ground that it cited financial implications, despite their existing pay being equivalent to that of SDEs due to an upgraded scale.

Their counsel argued that no additional financial burden was involved and the reason cited in the impugned order could not justify the withdrawal. The Bench, however, reaffirmed the settled legal position that no enforceable right exists to continue holding current charge of a higher post.

“The State may or may not have given the correct reasons as shown in the impugned order, but the fact remains that the petitioners do not have any vested right in holding the current charge of higher post. If there is no right to hold current charge of a particular higher post, the same can be taken away without following the principle of natural justice since no right stands violated,” Chief Justice Nagu observed.

Before parting with the matter, the Bench asserted: “While bestowing any post holder with the current charge of higher post, the employer is required to adopt non-arbitrary procedure which can be ensured by posting the senior most in the substantive cadre to hold current charge of the higher post provided the said person does not have any tainted record.” The petition was accordingly disposed of with the observations.