Law:

Section:

Punjab Civil Servants Act (XIII of 1974)-------S. 11---Punjab Service Tribunals Act (IX of 1974), S.4---Reversion and repatriation---Authority vide its letter called for applications of volunteer constables and Head Constables having minimum qualification of F.A. etc. to fill up vacancies available in Finger Print Bureau---Appellants were duly absorbed in rank of Head Constable against existing vacancies in Finger Print Bureau and were also promoted to the rank of A.S.-I. and were also borne on seniority list---After about one year of said absorption, Authority vide its order summarily reverted appellants to the posts of constables and also reverted to their parent units/Districts---Validity---Authority had not specifically mentioned any prescribed qualification which had not been obtained by appellants in the impugned orders---Appellants could not have been repatriated as they had already been permanently absorbed in the cadre of Finger Print Bureau which had resulted automatic termination of their lien in their parent units/Districts---Record had clearly established that services of appellants had been acquired for Finger Print Bureau in accordance with procedure laid down by the Authority---Authority had issued clear-cut orders absorbing appellants on the basis of one step promotion vide orders---Said orders had clearly mentioned that said promotions had been granted consequent to recommendation by Departmental Promotion Committee against existing vacancies---Absorption in any cadre/unit of an official could only be ordered if a substantive vacancy for the purpose was available---Very fact that appellant had been duly absorbed in Finger Print Bureau and later on had also been granted further promotion to the rank of Head Constable and A.S.-I., had left no doubt that said action had been taken against substantive posts/vacancies being available in Finger Print Bureau for the purpose---Appellants, in circumstances could not be repatriated to their parent units/District; they were to be considered as regular employees of the Finger Print Bureau to all intents and purposes---Impugned orders were set aside from the date of its issue---Position prevailing in…

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