Reversion of an employee

2023 PLC 58 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION Judicial Precedent

S.33Redressal of individual grievancesReversion of an employeeScope

Petitioners, who were regular employees, were promoted to next grade after approval of the competent authority but after 35 days they were reverted back to their previous posts

Contention of department was that the Departmental Promotion Committee (DPC) had promoted certain persons including the petitioners for the next grade, without completion of length of service therefore, the Authority after confirmation of said discrepancies had cancelled the promotions

Validity

Some of the petitioners had not completed the required length of service

Dispatch Rider was 100% direct post and Naib Qasid was not eligible for promotion to that post

One of the petitioners was promoted notwithstanding incomplete ACR (Annual Confidential Report) dossier

One of the petitioners was illegally promoted against a post which was not vacant

Departmental Promotion Committee had illegally recommended the promotions

Minimum length of service as required for promotion to certain post was sine qua non for consideration of promotion

Commission in the interest of justice held that the petitioners would be promoted after removal of illegalities

Petition was disposed of accordingly.

2017 PLC(CS)N 2 PESHAWAR-HIGH-COURT Judicial Precedent

R. 29Reversion of an employeePetitioners-employees were downgraded from BS-6 to BS-5ValidityEmployees had been reverted to a post to which they never servedImpugned reversion orders were void and defective

Employees, in circumstances, could have been proceeded and punished with any other punishment except reversion, if they had committed any misconduct

Competent authority while imposing the punishment of reversion did not specify length of time which was violative of Fundamental Rules, R.29

Penalty for indefinite period had not been provided in law

Impugned order suffered from legal infirmity which could not be sustained

Order for reversion of employees were declared void, illegal and defective and were set aside

Constitutional petition was allowed in circumstances.