The respondent was a permanent Kanungo who was promoted to offi. ciate as Naib Tehsildar under paragraph 37(ii) of the S!:lnding Order No. 12, passed by the second appellant. He was reverted from the officiating post for the r~a:on that he did not pass the departmental examin'J. .. lion o! Naib Tehsildar within the period prescribed by the Standing Order. D The respondent contended in the writ petition that he was entitled to continue in the post of Naib Tehsildar until a qualified person became av-ailable, that since he was promoted under para 37(ii) of the Standing Order, passing of departmental examination was not necessary to officiite in the post of Naib Tehsildar. that junior Kanungos were retained in the posts of Naib Tehsildar by which ~ respondent had lost his seniority ih the subst'3ntive rank of Kanunt,v and hence the reversion amounted to a E reduction in rank within the meaning of Art. 311(2) of the Constitution and retention of juniors h the post of Naib Tehsildaf' was violative of Arts. 14 and 16 of the Constitution. The Judicial COmmhsioner, decided the case ln favour of the 1espondent and held that· the reversion of the respondent was attended with penal consequences and since he was not given a reasonable opPortunity of making representation agaist the order, the order W1lS bad and the F order was accordingly quashed. Allowing the appeal, HELD : (i) Appointment t., a· post on an officiating basis, is, ftom the nature of employment, its.elf of a transitory character and in the absence of any contract or spe6ific rule regarding the cc>ndition of service to the contrary, the implied term of such an appointment is that it is terminable at any time. 'fhe Government servant so appointed acquires no right to the post. But if the order entails or provides folr forfeiture G of his pay or allowance etc. or stoppage or postponement of his future chances of promotion, then that circumstance would indicate that in form the Government had purported to exercise its undoubted right to terminate 'the employment, but in ,truth and reaUty, the termination was by way of penalty. f,863Dl
