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Idea Invalidated Appointment

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1 year 4 months ago #254 by waddles
waddles created the topic: Invalidated Appointment
Good day!

Based on "Section 155 of the Revised Rules on Administrative Cases in the Civil Service provides that: "In case of disapproval, invalidation, recall and revocation of appointments, the appointee shall be restored to his/her former position without loss of seniority rights.",

What will happen to the invalidated appointee if the former position has already been occupied by another personnel, who is validated by CSC based on QS? And the available position for the invalidated appointee is lower than his/her former position?

I hope we can have a clarity on this. Thanks!

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1 year 4 months ago #340 by Action Officer 12
Action Officer 12 replied the topic: Invalidated Appointment
Section 115 (2nd par.) (2nd sen.), Rule 23 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) provides that: In case of disapproval, invalidation, recall and revocation of appointments, the appointee shall be restored to his/her former position without loss of seniority rights.

With regard to your query, please be informed that some of the provisions on RRACCS, especially with regard to appointments have been amended by the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS). The 2017 RACCS has been published and shall take effect soon. You may secure a copy of said rules once it takes effect to have a better view of your concerns.

We hope we enlightened you on the matter.

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9 months 4 days ago #1086 by Juanito s. Dee
Juanito s. Dee replied the topic: Invalidated Appointment
can the employee whose promotional appointment was invalidated sometime in 2013 still invoke his right to date to be restored to his former position after the constructive dismissal/invalidation.
this is the case of an employee who had rendered more than 18 years, got a promotion on 2011 but was invalidated by regional office without any provision that the said employee must be reverted to his former position, and the invalidation affirmed by the commission.

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9 months 4 days ago #1087 by Juanito s. Dee
Juanito s. Dee replied the topic: Invalidated Appointment
can the employee whose promotional appointment was invalidated sometime in 2013 still invoke his right to date to be restored to his former position after the constructive dismissal/invalidation.
this is the case of an employee who had rendered more than 18 years, got a promotion on 2011 but was invalidated by regional office without any provision that the said employee must be reverted to his former position, and the invalidation affirmed by the commission.

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8 months 8 hours ago #1259 by Administrator
Administrator replied the topic: Invalidated Appointment
Under the Omnibus Rules on Appointments and Other Human Resource Action, an employee whose promotional appointment is disapproved/invalidated shall be reverted to his/her former position.

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