Binod Kumar Roy and P.K. Jain, JJ. - (1.) The appellants, who were respondent Nos. 2.1 and 3 respectively in Civil Misc. Writ Petition No. 13299 of 1997 assail validity of the judgment dated 21.5.1997 quashing the order dated 1.9.1992 passed by appellant No. 3 the Judge, Family Court, Allahabad and the order dated 12.3.1997, passed by appellant No. 2 the then Hon'ble Inspecting Judge, Allahabad.
(2.) Vide order dated 1.9.1992, the writ petitioner who was appointed on ad hoc basis as an Accounts Clerk in the scale of Rs. 1,200-1,560-EB-40-2,040 was reverted in public interest and for smooth running of the office work as Copyist in the scale of Rs. 950-30-1,150-EB-25-1,500 as during that period, his work was not found to be satisfactory and his writing was also very poor. Vide order dated 12.3.1997, the then Hon'ble Inspecting Judge, Allahabad held that the appointing authority has powers to revert an employee from higher scale to lower scale, if his work and conduct is not satisfactory.
(3.) The impugned judgment reads thus : "This writ petition has been filed against the impugned order dated 1.9.1992 passed by the Family Court and the impugned order of the Inspecting Judge dated 12.3.1997 Annexure-3 to the writ petition. The petitioner was appointed as an ad hoc class II employee in the scale of Rs. 1,200-2,040 vide Annexure-2 to the writ petition. By the impugned order dated 1.9.1992 true copy of which is Annexure-3 to the writ petition, he was reverted as Copyist in the pay scale of Rs. 950-1,500. He filed an appeal on the administrative side before the Inspecting Judge but that was rejected, hence this petition. It was held by the Supreme Court in Hussain Sasansaheb Kaladgi v. State of Maharashtra, 1987 (55) FIR 304, that a direct recruit cannot be reverted to a lower post. On the same principle, I am of the opinion that a person appointed on higher pay scale directly cannot be reverted to a lower pay scale. In view of the above this petition is allowed. The impugned order dated 1.9.1992 and 12.3.1997 are quashed. No order as to costs. M. Katju, J." The original pleadings :;