| Citation(s) |
|---|
| 2019 SLG 2712 2019 SLD 2712 2019 PLJ 148 |
Peshawar High Court
Writ Petition No. 1270-A of 2017, decision & hearing Dated: 27.11.2018
LAL, JAN KHATTAK, JUSTICE SYED MUHAMMAD ATTIQUE SHAH, JUSTICE
Petitioner(s) by: Mr. Abdul Saboor Khan, Advocate
Respondent(s) by: Mr. Aurangzeb Mughal, DAG and Tauqeer-ur-Rehman, Advocate
Writ Petition No. 1270-A of 2017, decision & hearing Dated: 27.11.2018
LAL, JAN KHATTAK, JUSTICE SYED MUHAMMAD ATTIQUE SHAH, JUSTICE
Petitioner(s) by: Mr. Abdul Saboor Khan, Advocate
Respondent(s) by: Mr. Aurangzeb Mughal, DAG and Tauqeer-ur-Rehman, Advocate
WAHEEDUZZAMAN AND 8 OTHERS
VS
GOVERNMENT OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT ISLAMABAD AND 3 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Law: National Bank of Pakistan (Staff) Services Rules, 1980
Section: R.8(2),21
Constitution of Pakistan, 1973-- ----Art. 199--National Bank of Pakistan (Staff) Services Rules, 1980, R. 8(2) & 21--Appointment as trainee officer--Promotion policy--Direction to--Rule 21 of Service Rules clearly provides that promotion to all categories and grades shall be made by competent authority in accordance with promotion policy laid down from time to time by Executive Board--Thus, by inclusion of posts of Management Trainees in impugned policy, respondents have committed no illegality--Moreover, learned counsel for petitioners could not controvert stance of respondents regarding applicability of impugned policy to case of petitioners--Petition was dismissed. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.- Waheed-uz-Zaman and eight others, petitioners, Seek the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer: "On acceptance of instant writ petition, the respondents be directed to promote the petitioners to the next higher grades(whichever grade is now deserved by each one of them according to the terms and conditions contained in their appointment letters) with all the past benefits and seniority. Any other relief deemed fit for the petitioners may also be granted." 2. In essence, the grievance of the petitioners is that direction may be issued to the respondents for their promotion to the next higher grade according to the terms and conditions contained m their appointment letters with past benefits and seniority. 3. Learned counsel for the petitioners vehemently argued that it has been clearly provided in clause-5 of the appointment letters that their services will be governed by the 'National Bank of' Pakistan (Staff) Service Rules, 1980; ("Service Rules") that the promotion of the petitioners as 'AVP' was due since 01.01.2014 and they were eligible and qualified for the said promotion, the respondents have recently revised their promotion policy on November 30, 2017 vide which the petitioners i.e. (Management Trainees) were also included in the said policy, which is violative of the terms and conditions of their very appointment; that…
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