Reversion

Jamini Kanta Kar (Querist) 18 February 2012 This query is : Resolved
Sir,
My friend was promoted to the post of Section officer (SO) bt DPC during 2008. Subsequently it was detected that DPC had interpreted the promotion criteria erronepously.After that his promotion for the next higher post was held up. He was also intimated bt the Emplyeer that his promotion to the post of SO is erroneous and and the matter is under review.But my friend did not protest the intimation of review.
In the meantime one officer next below him had been promoted on 01.01.12. after that he had chhalenged the promotion before SAT Cuttack branch. The SAT did not give much relief but passed a order that promotion shall be subject to result of the case.
After the case the Employer got annoyed with my friend and reverted him to his former post on 01.02.12 with immeidate effect without hearing him.
My friend took leave immediately from 02.02.12 and did not receive the reversion order as yet.
On 15.02.12 he again approached the SAT with a copy of the reversion order
( taken from another friend) with a Misc Petition seeking a stay on operation of the reversion order.He has alos contended before the court that the reversion order has not been given effct to as he did not receive the order personally.
Honble SAT has ordered that Statusqo as on 15.02.12 be maintained till filling of the counter by the respondent.
Office is very adamant. They are saying that on 15.02.12 he was a reverted person. as he had known about his reversion and filed a copy of the same before SAT.
My question is
1 Whether my friend who is still on leave. Should join. If so what post he would be assigned by the office
With regards.

J.K.Patatanik

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Guest (Expert) 18 February 2012
If reversion was made before the date of issue of stay order (Status Quo) by SAT the reversion would be deemed to have taken effect from the date of issue of reversion order. If your friend joins his duty before judgment, he will have to join on the post to which he was posted on reversion.

Rajeev Kumar (Expert) 18 February 2012
Agree with Dhingra Ji

Sudhir Kumar, Advocate (Expert) 18 February 2012
The question is whether th erevertion took place. In this case the revertion order was on 1.2.12 and his leave starats from 2.2.12. The revdertion stood completed on 1.2.12 and midnight of 1-2.2.12 he held lower post from where he proceeded on leav and obtained status quo order.

K.S.Srinivas (Expert) 20 February 2012
I too agree with the xpert Dhingra.

Kirti Kar Tripathi (Expert) 21 February 2012
if your friend was not relieved, the reversion will not take place.

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