Law:

Section:

(a) Civil Servants Ordinance (XIV of 1973)----- ----- Ss. 2(1) (b) & 12--Civil Servants Act (LXXI of 1973), Ss. 2(1)(b) & 12-Notice-- Civil servant appointed to a higher post or grade aid hoc on temporary or officiating basis--Liable to be reverted to his lower post or grade without notice-Petitioner civil servant twice asked to produce original certificate of his educational qualifica­tion justifying his retention in higher post but failing to do so-No notice even on, such score necessary to bring about his reversion to lower post -[Civil service]. (b) Civil Servants Act (LXXI of 19073)--- ------S. 12-Jurisdiction-Contention that petitioner having failed in matriculation examination should be deemed to have passed middle examination not accepted by Services Tribunal-Service Tribunal, held, possessed exclusive jurisdiction to decide matter and matter must rest there.-[Jurisdiction-Civil service]. (c) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- -----Contention that impugned order of reversion contravened Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 not raised before Services Tribunal-Tribunal alone, held, could consider such objection - Counsel's explanation that he was delayed in appearing before Tribunal resulting in matter being heard only in presence of his client (petitioner)-Such excuse, held, no satisfactory explanation for not raising objection before Tribunal.-­[Civil service]. ORDER SALAHUDDIN AHMED. J.---The petitioner was first appointed as a foot constable in Security Police under the Home Department in the Government of Pakistan on the 25th of February 1948, on the representation that he had passed the Middle Examination from the Government High School, Palampur, India. Later the petitioner was appointed as Assistant Sub-inspector (Security) on a purely temporary basis with effect from the 3rd of February 1975. The minimum educational qualification for this post is Middle Examination pass. It transpired that the petitioner did not possess the requisite qualifica­tion. The result yeas that by an order dated the 1st of July 1975, he was reverted as Head Security Guard with effect from the 30th of…

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