| Citation(s) |
|---|
| 2022 SLG 1740 2022 SLD 1740 2022 PLJ 118 |
Supreme Court of Pakistan
C.A. No. 1000 of 2020, heard on 9.6.2021. (Against the judgment dated 22.06.2020, passed by the High Court of Sindh, Karachi in C.P. No. D-253 of 2015)
GULZAR AHMED, C.J., MAZHAR ALAM KHAN MIANKHEL AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ.
Mr. Imran-ul-Haq, Deputy Prosecutor General, NAB and Mr. Muhammad Sharif Janjua, AOR for Appellant. Mr. Muhammad Shoaib Shaheen, ASC for
Respondents No. 1-2.
C.A. No. 1000 of 2020, heard on 9.6.2021. (Against the judgment dated 22.06.2020, passed by the High Court of Sindh, Karachi in C.P. No. D-253 of 2015)
GULZAR AHMED, C.J., MAZHAR ALAM KHAN MIANKHEL AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ.
Mr. Imran-ul-Haq, Deputy Prosecutor General, NAB and Mr. Muhammad Sharif Janjua, AOR for Appellant. Mr. Muhammad Shoaib Shaheen, ASC for
Respondents No. 1-2.
CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU through Prosecutor General Accountability, NAB Headquarters, Sector G5/1, IslamabaD---Appellant
VS
FARAZ AHMED SHERWANI and others
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: 3(2)
Civil Service (Appointment, Promotion and Transfer) Rules, 1973-- ----R. 3(2)--Appointment as Stenographer--Upgradation of Post--Promotion as personal assistance--Constitution petition was disposed of--Cases of respondents were place before DPC--Promotion as private secretary--Promotion notification was challenged through civil petition--Matter was remanded--Direction to revisit nomenclature of respondents--Post of private secretary was cancelled--Adoption of rules applicable to other civil servants--Conditions for promotion--Challenge to--“Conditions for Promotion” to post of Private Secretary (BPS-17) persons eligible for promotion are Assistant Private Secretary (BPS-16) rather than Stenographer (BPS-16)--Posts of Private Secretary (BPS-17), apparently, were created by following rules as were applicable to Government Servants--When posts were created by following rules as were applicable to other civil servants, obviously manner in which they were to be filled in was also to be adopted and such adoption was provided in SRO dated 22.10.1987--Post of Stenographer and post of Personal Assistant, both being in BPS-16, their line of promotion as per rules was to post of Private Secretary (BPS-17)--Appeal allowed. [Pp. 126 , 127] A, B, C , D 2012 PLC (CS) 834 ref. ORDER Gulzar Ahmed, CJ.--The Respondents No. 1 , 2 (the respondents) were initially appointed as Regular Stenographers (BPS-15) vide Notification dated 29.07.2004 by the appellant. The Finance Division, Government of Pakistan issued Office Memorandum dated 23.12.2011, by which the post of Stenographer was up-graded from BPS-15 to BPS-16. The benefit of such Office Memorandum was given to the respondents and they were up-graded in BPS-16 vide Notification dated 31.07.2012. In the meantime, the respondents were promoted to the post of Personal Assistant (BPS-16) with effect from 27.06.2012 vide Notification dated 05.07.2012. The Respondent No. 2 along with one Jawaid Ali Panhwar filed a Constitution Petition No. 2056 of 2013, in the High Court of Sindh at Karachi (the High Court), in which prayer was made that the respondents/petitioner be granted promotion in BPS-16 with effect from…
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