Case Details

Citation(s)
2016 SLG 2853 2016 SLD 2853 2016 PLC 821
Service Tribunal, Balochistan
S.A. No. 618 of 2014, decided on 2nd November, 2015. Date of hearing: 28th October, 2015.
ZAHEER-UD-DIN KAKAR, CHAIRMAN SAFDAR HUSSAIN, MEMBER-I AND FARZAND ALI MENGAL, MEMBER-II
Manzoor Ahmed Rehmani for Appellant. Naseer Ahmed Bangulzai, Addl. A.G. for
Respondents.

AHMED KHAN

VS

GOVERNMENT OF BALOCHISTAN THROUGH SECRETARY S&GAD, CIVIL SECRETARIAT, QUETTA AND ANOTHER

Law: Balochistan Civil Servants Act, (IX of 1974)

Section: 9

Law:

Section: 4

(a) Balochistan Civil Servants Act (IX of 1974)--- --------S. 9---Balochistan Service Tribunals Act (V of 1974), S.4---Balochistan Agriculture College Quetta (B-16 and above) Service Rules, 1993---Seniority---Appellant and his co-employee were serving as Assistant Professors (B-18)---First Seniority List of Teaching Staff (B-18), showed co-employee at Serial No.1, whereas appellant was at serial No.2---Secretary Agriculture Department, submitted panel of appellant and his co-employee before Provincial Selection Board-1 for their promotion to the rank of Associate Professor (B-19) against two available vacancies; but there being only one post for promotion quota available, Board after due consideration, recommended co-employee (Seniority No.1) for promotion as Associate Professor (BPS-19)---Board observing deficiency in the existing Balochistan Agriculture College, Quetta (B-16 and above) Service Rules, 1993, advised, Secretary Agriculture Department to revisit said Rules and make amendments in a manner that prescribed length of service as well as provision for publication of research papers, could be added in the appendix of Balochistan Agriculture College, Quetta (B-16 and above) Service Rules, 1993---Appellant had raised objection on said observation of the Board---Validity---Government was competent to change criteria for promotion; it was prerogative of the Government to enact and amend the Rules according to the needs and exigencies of service; and it was the right of Department to improve and update its service structure to keep pace with the modern times which could not be restrained or restricted on the ground that at the time of appointment of one or few civil servants such qualification was not a requirement for promotion---Appeal filed by appellant was dismissed in circumstances. Government of Pakistan through Establishment Division, Islamabad and 7 others v. Hameed Akhtar Niazi PLD 2003 SC 110; Dr.Omer Farooq Zain v. Bahauddin Zakariya University, Multan 2008 PLC (C.S.) 1012; 2006 SCMR 1427 and Dr.Allyas Qadeer v. Secretary Ministry of Education, Islamabad and others 2014 SCMR 997 ref. (b) Balochistan Civil Servants Act (IX of 1974)--- --------S.…
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