Creation or abolition of posts is Government prerogative, rules SC

The Supreme Court has held that the power to create or abolish a post rests solely with the Government and as long as the decision to abolish a post is taken in good faith, any interference by the court is unwarranted. Setting aside the decision of the Punjab and Haryana High Court which ordered reinstatement of an employee of Haryana Public Enterprises Board (HPEB), a Bench comprising Justices Tarun Chatterjee and P Sathasivam said that whether a particular post is necessary or not depends on administrative necessity and is a matter of Government policy.

“The creation, the continuance and abolition of posts are all decided by the Government in the interest of administration and general public. Unless a post has been abolished with malafide intention, there is no cause for judicial intervention,” the Bench observed.

The decision of the Bench came on an appeal by the Haryana Government whose decision to abolish the post of Accounts Executive in the HPEB was set aside by the High Court. The recruitment to the post was made on a temporary basis and the post was abolished with a view to restructuring of the staff vis-a-vis work load. The affected employee had moved the HC alleging that the post was abolished due to his personal differences with his superiors. The HC had ruled that the abolition of the post was not done in good faith but only with an intention to get rid of the employee and quashed the order abolishing the said post and consequential termination of the services.

However, the SC Bench, on examination of relevant records and facts of the case, said that there was no cause for judicial interference.