Case Note & Summary
The petitioners, who were working as Executive Officers in various Taluk Panchayats on an ad-hoc basis, challenged the order of the Karnataka State Administrative Tribunal (KSAT) which dismissed their applications against their reversion to their substantive posts. The petitioners were originally appointed as Group 'B' officers and were later promoted as Executive Officers on an ad-hoc basis. Subsequently, the State Government reorganized the cadre of Executive Officers, resulting in the abolition of certain posts. Consequently, the petitioners were reverted to their substantive posts. The petitioners contended that the reversion was punitive and violated principles of natural justice. The High Court, after hearing both sides, held that the reversion to a substantive post is not a punishment and does not require compliance with Article 311(2) of the Constitution. The court further held that the petitioners, having been promoted on an ad-hoc basis to ex-cadre posts, have no legal right to continue in those posts after the cadre reorganization. The writ petitions were dismissed, affirming the order of the KSAT.
Headnote
A) Service Law - Reversion - Ad-hoc Promotion - Reversion to substantive post is not a punishment and does not attract Article 311(2) of the Constitution - Petitioners were promoted on ad-hoc basis to ex-cadre posts of Executive Officers; upon reorganization of cadre, the posts were abolished and petitioners were reverted to their substantive posts - Held that the petitioners have no right to continue in the promotional posts and the reversion is valid (Paras 1-10). B) Karnataka Panchayat Raj Act, 1993 - Executive Officers - Cadre Reorganization - The State Government reorganized the cadre of Executive Officers, resulting in abolition of certain posts - Petitioners, who were working as Executive Officers on ad-hoc basis, were reverted to their substantive posts - Held that the reversion is in accordance with law and the petitioners have no vested right to continue in the ex-cadre posts (Paras 1-10).
Issue of Consideration
Whether the petitioners, who were promoted as Executive Officers on an ad-hoc basis, have a legal right to continue in the said posts after the cadre was reorganized and the posts were abolished.
Final Decision
The High Court dismissed the writ petitions, holding that the reversion to substantive post is not a punishment and the petitioners have no right to continue in the promotional posts after cadre reorganization.
Law Points
- Reversion to substantive post is not a punishment
- no right to continue in ex-cadre post
- Karnataka Panchayat Raj Act
- 1993
- Karnataka Government Servants (Seniority) Rules
- 1957
- Karnataka State Administrative Tribunal Act
- 1985
