Case Note & Summary
The Union of India and the Commissioner of Central Excise filed a writ petition challenging an order of the Central Administrative Tribunal (CAT), Mumbai Bench, dated 23rd August 2002 in Original Application No. 1120 of 1998. The respondent, D.S. Bhavar, was recruited as a Lower Division Clerk (LDC) in 1975 and promoted to Upper Division Clerk (UDC) in 1979. He was further promoted on adhoc basis as Inspector (OG) on 3rd November 1983. On 10th October 1984, he was suspended due to registration of a crime by the CBI. The suspension was revoked on 14th June 1985, but instead of reinstating him in the promotional post of Inspector (OG), he was reverted to the substantive post of UDC. A charge sheet was initially filed but withdrawn, and a fresh charge sheet was filed on 13th October 1998. The respondent challenged the reversion before the CAT, which allowed his application, declaring the reversion illegal and quashing it. The Tribunal directed that the respondent would be entitled to notional benefits till the date of his representation (21st May 1998) and monetary benefits thereafter. The petitioners challenged this order before the High Court. The only question for determination was whether an adhoc promotee, upon revocation of suspension, can be reverted to the substantive post instead of being reinstated in the promotional post. The High Court held that the reversion was illegal and upheld the Tribunal's order, dismissing the writ petition.
Headnote
A) Service Law - Reversion - Adhoc Promotion - Suspension - Revocation - An employee promoted on adhoc basis and suspended, upon revocation of suspension, must be reinstated in the promotional post held at the time of suspension; reversion to substantive post is illegal. The Tribunal's order quashing reversion and granting notional benefits till representation and monetary benefits thereafter was upheld. (Paras 2-4)
Issue of Consideration
Whether an employee promoted on adhoc basis and later suspended, upon revocation of suspension, can be reverted to the substantive post instead of being reinstated in the promotional post.
Final Decision
Writ petition dismissed. Order of Central Administrative Tribunal dated 23rd August 2002 in Original Application No. 1120 of 1998 upheld.
Law Points
- Reversion of adhoc promotee upon revocation of suspension is illegal
- Notional benefits from date of representation
- Monetary benefits from date of representation
