Law: Industrial Relations Act, 2012

Section: 33

(a) Industrial Relations Act (X of 2012)---S.33---Redressal of individual grievances---Reversion of an employee---Scope---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. (b) Civil service---Promotion---Scope---Promotion of an employee takes place after fulfillment of basic requirements of length of service, ACRs, availability of vacancies, etc. (c) Administration of justice---When the doing of anything in a particular manner is sanctioned by law, that thing cannot be done in a different manner. ORDER: NOOR ZAMAN, MEMBER.----Petitioners have contended that they are regular employees of the respondent and were promoted to next grades on 27.07.2016 after approval of competent authority. That after promotion order dated 27.07.2016, they joined the respective promoted posts and their salaries were accordingly fixed in next grades and paid from 27-07-2016 to 31-08-2016. That however, after 35 days they were reverted on 08.09.2016. Being aggrieved of the reversion order, the petitioner served grievance notice on respondent and having no response these…

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