Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-Corporation Employees (Special Powers) Ordinance (XIII of 1978), S. 3-Leave to appeal granted in view of admitted fact that appellant was not holding any lower post in a Corporation, to consider question whether he could be reverted to lower post under provisions of Corporation Employees (Special Powers) Ordinance, 1978, and whether provisions of said Ordinance were applicable to appellant as according to him he was not a person in Corporation Service within meaning of term as defined in said Ordinance. (b) Corporation Employees (Special Powers) Ordinance (XIII of 1978) -- S. 3-An employee who was not in service before prescribed period and was not promoted but was appointed to a post during said period, held, could not be reverted to a lower post or grade to the one of which he was the incumbent for the time being Reversion of such employee to a post of lower grade which he had never held before was in excess of authority conferred by law and, therefore, was without lawful authority. Section 3 of Ordinance 1978 authorises the competent authority to remove from service or revert to lower post or grade, an employee in the service of Corporation, who has been either appointed,. or being already in service has been promoted during the relevant period, i. e. from 1st January, 1972 to 5th July, 1977. The plain reading of section 3 of Ordinance clearly makes out that the power of review vested under the said section related to two classes of employees, those who had been appointed and those who had been promoted, during the relevant period. The power to remove from service was apparently relatable to such employees who were appointed during this period and the power to revert the employee to a lower post or grade was only referable to such employees who had been promoted during this period. This is abundantly clear from use of the word "his" which qualifies the words "lower post or grade": These words presupposed the affected employee to have held a lower post or a lower grade post, before his promotion. It, therefore, follows that an employee appointed during the relevant period and not having been promoted, cannot…

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