Dear friend,
My collegue was promoted to the post of Head Clerk from UDC on 01.02.2013. Now, he is not willing to work as. Head CLERK and willing to go back to the post of UDC . Can it be possible? Kindly explain with supportive rules/ G.O.
According to the rule 17 of WBSR Part-1 a govt. employee on substantive appointment to a permanent post acquires lien on that post. In your case the employee is holding lien on the permanent post in his own deptt. When he will be substantively appointed in the higher post in the same deptt. lien will be transferred to that higher post.
Moreover, according to the provision of Note 2 under rule 19, the employee on ex-cadre appointment on temporary basis in another department is eligible to retain lien on previous post in parent department for a maximum period of 3 (2+1) years. https://wbxpress.com/topic/notice-period-before-resignation/
…..Now, he is not willing to work as. Head CLERK and willing to go back to the post of UDC . Can it be possible?
Reversion is possible, if the Appointing Authority is satisfied with the reason for which reversion is prayed for by the incumbent.
Though it appears that there is no specific rules covering procedures, pros and cons of such kind of reversion, reference of similar kind of reversion have been made in the W.B.S.R. –
Note 3 below Rule 153 : Applications for leave by Government employees likely to revert from higher pay should always be scrutinized with special jealousy, and the leave should be granted only when very cogent reason are adduced
Note 6 below Rule 42 : When the initial pay of Government employee in a post is thus fixed, it will not be affected even if during the tenure of his appointment to that post he reverts from his provisional appointment.
The above two references state that such reversion is possible in accordance with rules.
Thanks to Mr. Ray for his valuable guidance. I rectify myself, and would like to add that reversion is possible as long as he retains lien on the lower post from where he was promoted.
