Law:

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Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3 & 10---Civil Servants Act (LXXI of 1973), S.12---Service Tribunals Act (LXX of 1973), S.4---Reversion---Appellant who was a Ward Keeper in BS-10 in Pakistan Railways, was appointed as Assistant Controller of Store against 5% promotion quota reserved for employees getting high degrees, but subsequently he was reverted as Ward Keeper---Departmental appeal of the appellant having not been responded, he filed appeal before the Service Tribunal---Appellant had claimed that he had acquired higher qualification by getting B.Sc. degree in Civil Engineering from abroad---Validity---Such degree from foreign University, had to be recognized by the Pakistan Engineering Council and for that, registration with the Council was essential, but appellant did not get himself registered with the Engineering Council---Degree obtained by appellant from foreign University, therefore, could not be taken into consideration---Appellant having not been registered with Pakistan Engineering Council, department was justified in. not taking into consideration his higher academic qualification---Appellant was promoted from BS-10 to BS-17 by the Officer, who was not competent to pass such promotion order---Promoting an official to BS-17 was the prerogative of the Secretary/Chairman of Pakistan Railways---Appellant, in circumstances, was not lawfully promoted and withdrawal of order of promotion was legally justified---Departmental appeal of the appellant was not filed within the stipulated period and was time-barred---Appeal by the appellant, being not competent was dismissed as not maintainable and being without any merit. 2007 SCMR 513 rel. Raja Muhammad Yaqoob Khan for Appellant. Umair Azam Khan for Respondents. Date of hearing: 8th March, 2011. JUDGMENT MOAZZAM HAYAT (MEMBER).--- Appellant Muhammad Akram Javed was a Ward Keeper in BS-10 in Pakistan Railways. He did his B.Sc. in Civil Engineering in 1993 from South Western University, Philippines. On 16-1-1996 he was appointed as Assistant Controller of Store/Dry Port, Karachi (BS-17) against 5% promotion quota reserved for employees getting higher degrees. His…

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