VIGILANCE MANUAL VOLUME III - AP Online

350 DECISION - 113
Where Government servants were reverted
consequent on Rules being made with retrospective
effect, the Rules made retrospectively and the
reversion of the Government servants thereon were
valid.
B.S. Vadera vs. Union of India,
AIR 1969 SC 118
The petitioner joined service in the Railways as Lower Division
Clerk and was promoted as Upper Division Clerk and further promoted
as Assistant. His grievance was that while he was holding the post
of Assistant, he was illegally and without any justification reverted as
Upper Division Clerk. According to the Railway Board, the promotion
made of the petitioner either as Upper Division Clerk in the first
instance or later as Assistant was purely on temporary and ad hoc
basis, pending the framing of the Railway Board’s Secretariat Clerical
Service (Re-organisation) Scheme, which was in contemplation, at
the material time. The scheme was actually framed later and
amended subsequently.
The Supreme Court held that there was no promotion on a
permanent basis in the first instance as Upper Division Clerk and
later as Assistant and the reversion consequent on the regular
promotions and appointments made under the scheme was valid.
Further, the Supreme Court held that the rules made by the
Railway Board with retrospective effect were valid.
(113)
Reversion — to parent State
Reversion of a Government servant by the Central
Government to his parent State may amount to
reduction in rank in certain circumstances attracting
Art. 311 of Constitution.