The Civil Service Commission (CSC) ruled in favor of a draftsman “thrown†to a nursery and told Cortes mayor Apolinaria Balistoy to reinstate and pay him his backwages and other benefits.
In a decision promulgated June 17, 2008, the government commission agreed with the appellant, Joseph Ligan III, that his reassignment is a reduction in rank and threatens his security of tenure.
Earlier, in a Memorandum dated May 22, 2007, Mayor Balistoy ordered Ligan’s transfer of work assignment to the Municipal Nursery located at Rosario Cortes, where he is to report to nursery caretaker Tersita Samuya.
On his assignment however, Ligan said it was not the Nursery caretaker who monitored him, but a barangay secretary, as allegedly ordered by the mayor.
In an appeal dated January 9 2008, sent to the CSC and in a copy furnished to the Mayor, Ligan averred that he had been stationed at the Office of the Municipal Engineer (OME) as draftsman designate.
Ligan was appointed permanent as Engineering Aide and his item was from the Municipal Agriculture Office (MAO), according to his appointment by then Mayor Herminia Labor.
However his Position Description Form states his responsibilities including preparing plans, program of works, bill of materials and detailed estimates of proposed projects, requisitions, checks and inspects as to specifications quality and quantity of construction materials delivered, supervising project construction in coordination with the Municipal Engineer and conducts ocular inspections of sites of proposed projects.
Prior to his reassignment, Ligan was designated draftsman at the OME.
The CSC noted that for reassignments to be deemed regular, they should be consistent with employees duties and responsibilities, not one with servile or menial task and the reassignment should also include definite duties and responsibilities.
Absent these, the CSC said it gives the impression that the employee has been given a floating status, which infringes on his security of tenure.
Moreover, the reassigned employee, the CSC noted was made to report to a barangay secretary, where his PDF names the MAO as his immediate supervisor.
Over this, the CSC noted the reduction in rank. It said that the barangay secretary, being an employee of the barangay cannot be made to supervise a permanent employee of the town. - Published by Bohol Sunday Post
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