Law: Service Tribunals Act, 1973

Section: 4

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4--Provisional seniority list--Seniority position of appellants was relegated--Rejection of departmental appeals--Amendment in rules--Issuance of notification for promotion--Posts of civil engineers and mining engineers were clubbed--Difference in duties of civil and mining engineers--Retrospectively implementation of notification--Benefit of amendment in rules--Undo benefit of amendment of rules--Challenge to--The amendment made in Rules, 2020 acclaimed by respondents pursuant to Notification which has been promulgated statedly on basis of of Tribunal dated 24.5.2010 on an appeal by respondent No. 3 wherein appellants were not arrayed as respondents being necessary parties and resultantly two different service cadres were clubbed in one cadre for purpose of seniority and promotion whereby Respondent No. 3 was included in promotional hierarchy of Civil Engineering Structure which in our view is wholly illegal and untenable in law being both cadres possessing absolutely distinct nature of job, different qualifications and criteria of appointments--Anomalous situation emerged subsequent to Notification dated 6.5.2011 significantly because of wrong and erroneous interpretation of said Notification which was implemented by respondent-Department retrospectively w.e.f. 2.2.1994 (the date of appointment of Respondent No. 3) to chalk out seniority list for purpose of promotion by which Respondent No. 3 was illegally given ante-dated promotion in BS-18 being negation of law of interpretation on subject--It is well settled and established canon of law that notification/rules/statute cannot be implemented retrospectively affecting rights--It is also settled law that undue benefit of amendment of rules which was not available on relevant date cannot be given--Appeals accepted. 2012 SCMR 965, PLD 2016 (SC) 398, 2020 SCMR 90,2010 SCMR 1301, 2003 SCMR 271, 2012 SCMR 864. Mian Bilal Bashir, Advocate and Mian Qaisar Mahmood, Advocate for Appellants. Malik Intzar Hussain Khokhar, A.A.-G/Federation. Sheikh Aftab Ahmad, Advocate for Respondent-Railways. Mr. Salman Riaz Ch., Advocate for Respondent No. 3. Date of hearing 2.12.2021.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492