IDREESUL HASSAN USMANI vs GOVERNMENT OF PAKISTAN Through The Secretary To The Government Of Pakistan, Establishment Division And Other
This matter arises from a petition filed by Idreesul Hassan Usmani against the Government of Pakistan, challenging his reversion from the post of Assistant Director National Savings (BPS-17) to National Savings Officer (BPS-16) during his extended probationary period. The core legal question is whether the reversion of a probationer due to unsatisfactory performance amounts to a reduction in rank requiring a prior show-cause notice and hearing. The Supreme Court of Pakistan held that the reversion of an employee during probation, based on unsatisfactory performance, is a routine assessment of fitness and does not constitute a punishment or a reduction in rank. Therefore, it can be validly ordered without issuing a show-cause notice. The key principle laid down is that a probationer has no vested right to hold the higher post during probation, and the competent authority may revert them to their original post upon unsatisfactory performance without affording a prior hearing.
- Does the reversion of a probationer to their original post due to unsatisfactory performance amount to a reduction in rank?
- Is a show-cause notice required before reverting an employee during their probationary period?
- Does an employee have a right to a prior hearing when relieved of a promotional post during probation?
ORDER
NASIM HASAN SHAH, J.---The petitioner was promoted as Assistant Director National Savings (BPS-17) on 12-9-1984. He was placed on probation for a period of one year, extendable by another year if the period of probation was not terminated earlier. As the initial period of probation was not terminated it, therefore, stood extended for another year. However, before the expiry of the extended period of probation, the petitioner was reverted on 10-9-1986, to the post of National Savings Officer (BPS-16). The question is whether this reversion amounted to a reduction irk rank and could only have been ordered after issuance of a show-cause notice to him?
2. The Service Tribunal has held that as the reversion was not ordered as a matter of punishment but only on account of unsatisfactory performance of work during the two years during which he occupied the higher office it could be made without issuance of any show-cause notice. The petitioner contests this position. But we agree with the view of the Service Tribunal.
3. A probationary appointment is only a preliminary step toward permanent appointment of the appointee who, during this period, is really on trial and he has to show by his good work that he is fit and suitable to hold the post which has been given to him. Accordingly, if he measures up to the demands of the said post during the period of his probation, he will be confirmed thereto, otherwise he will be relieved of the post or sent back to his original post from where he was promoted. 1n neither case is a prior hearing to be provided to the appointee because the opinion in this respect is that of the competent authority.
The result is that we find no infirmity in the order of the Service Tribunal.
Cited by 1 case
- AHSANULLAH and 11 others vs FEDERATION OF PAKISTAN through Secretary 2016 PLC (C.S.) 477