Law:

Section:

(a) Pakistan Power Wing Commercial and Revenue Officers Rules, 1982--- ----Appendex I, Col.6---Pakistan Water and Power Development Authority Act (XXXI of 1958), S.17---Service Tribunals Act (LXX of 1973), S.4--­Constitution of Pakistan (1973), Art.212(3)---WAPDA employee--­Promotion---Leave to appeal was granted by the Supreme Court to consider as to whether appeal of the employee before Service Tribunal was time-­barred; whether the employee had no vested right to claim promotion in a particular grade and from a particular date; whether the employee was governed by the Pakistan Power Wing Commercial and Revenue Officers Rules, 1982 or some other Rules; whether the note incorporated in Col. 6 of appendix I of the said Rules barred the employee from being allowed Grade 17 as Revenue Officer, if he did not fulfil the conditions laid down in tile said note and whether promotion of employee as Revenue Officer should have been ordered with retrospective effect from 28-12-1986 in view of the seniority given to him. (b) Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ---S. 17(1-B)---Service Tribunals Act (LXX of 1973), S.4(1)(a)---Appeal to Service Tribunal ---WAPDA employee being a civil servant by fiction of law could not have filed an appeal before the Service Tribunal without exhausting the remedy of representation under S.22(2) of the Service Tribunals Act 973. Gulbat Khan v. WAPDA 1992 SCMR 1789 and Muhammad Ibrahim Mangrio and others v. Chairman, WAPDA and another 2001 SCMR 848 ref. (c) Service Tribunals Act (LXX of 1973)--- ---Ss. 4 & 7---Appeal to Service Tribunal---Limitation---Period of limitation was to be reckoned from the date of filing the representation by the servant. (d) Civil service--- ---Promotion---Vested right of employee---Where the Rules, Regulation and Policy had been framed for regulating appointment and promotion, an­d each or deviation from them for mala fide reasons or due to arbitrary act of Competent Authority, would entitle an aggrieved person to challenge same. Walayat Ali Mir v. Pakistan International Airlines Corporation 199 SCMR 650 ref. (e) Pakistan Water and Power Development Authority Act (XXXI of…

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