Legal Question in Administrative Law in India

reversion of promotion & recovery of payment

Our autonomous body of Central Government was set up in 1987. The Director General (DG) is the appointing authority. The recruitmenr rules (RRs) were approved by Govt of India in 98.

Till 98, employees were recruited without RRs. Few employees were also promoted, placed on higher pay scale,appointed on another post by the D G, till the date RRs were approved.

While notifying the RRs, office inserted one clause (without the approval of Govt) that all those ''All employees who are working on higher posts than their substantive post on which they have joined, on the date these rules come into force shall get reverted to their substantive post and subsquentively promoted thru a DPC, as per qualifacat

However in 2005, the post held at the time of RRs were notified was considered as substantive post and pay fixed.

The audit of AGCR objected to this and D G, without going against the advice on file, decided to revert these employees and recover extra payment.

1. Whether recover is possible as holding the promoted post for more than 10-15 years

2. These employees were promoted when there was no RRs, no recruitment/promotion policy. In such case, whether my office can revert them even after holding the post for more than 10-1

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