Law:

Section:

Government of India Act, 1935, S. 240 (3)-Reversion from an officiating higher post to one's permanent post-Subsection (3) not attracted-No "reduction in rank" involved-Reversion from officiat­ing post need-not start with the junior-most officer. Held, that reversion to one's permanent post from a higher post whereat the reverted servant was officiating for an indefinite period or "until further orders" while his juniors who were officiating similarly were continued in the higher posts, did not amount to "reduction in rank" within the meaning of section 240 of the Government of India Act, 1935 or its corresponding provision in Art. 181 of the Constitution (1956). An officiating appointment, in the nature of things, is tentative, in the sense of putting the incumbent to proof of his capacity and competency in respect of higher responsibilities than those attaching to his permanent post or grade. Every officiating appointment is really subject to the condition of the officer and his work being found satisfactory. Reversion to the substantive post cannot in terms means the same as reduction in rank. In ordering reversion from an officiating position the chief consideration is the public interest of which none but the superiors of the officiating servant could be the judges. Therefore, the view that reversion should start with the junior-most officer was not correct. Hikmat Hussain's case P L D 1959 S C (Pak.) 107 and Moazzam Hussain Khan's case P L D 1959 S C (Pak) 13 ref. JUDGMENT SHAHABUDDIN, J.---These are appeals by special leave. All of them except Civil Appeal No. 43 of 1958 have been preferred by the Province of West Pakistan against the judgments of the Lahore Benches of the High Court of West Pakistan by which a writ in one case and directions in three other cases were issued to the Government of West Pakistan for reinstating the respondents to the higher posts in which they were officiating at the time they were reverted therefrom. Civil Appeal No. 43 of 1958 has been preferred by Ha ji Muhammad Khan, Senior Subordinate Judge, Bannu, against an order of a Lahore Bench of the said High Court dismissing in limine his application for a writ or direction to…

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