Law:

Section:

(a) WAPDA (Water Wing) Service of Engineer Rules, 1968------R. 5(2)(e)(ii)---Constitution of Pakistan, Art. 212---Amendment in rules effecting promotion rights of employees retrospectively---Validity---Employees (respondents) were working as sub-engineers in WAPDA and were placed in BS-16--­WAPDA (appellant) made amendment in rule 5(2)(e)(ii) of WAPDA (Water Wing) Service of Engineer Rules, 1968, by which amendment condition of holding office in BS-16 was done away with and all sub-engineers who otherwise qualified were entitled for consideration for promotion to junior-engineers in terms of amended rule---Contentions of employees were that prior to the amendment, twenty six (26) vacancies were available, and employees were entitled to promotion on such vacancies on the basis of the seniority list; that after introduction of amended rule, those who did not fall within the seniority list of BS-16 were allowed to compete with the employees for promotion, and that amended rule could not be allowed to operate retrospectively to the disadvantage of the employees, who were entitled to promotion prior to the amendment against the vacant seats---Validity---Rules operated prospectively and if a right was created in favour of an employee under the old rule, it could not be taken away on the ground that the amended rule had allowed others to compete---Twenty six vacancies were available before the amendment of rule, and employees were entitled to promotion on such vacancies under the seniority list, but the department did not promote them without offering any plausible explanation---Amended rule did not permit the department to overlook the rights of employees created under the law by applying the amended rule to the extend benefit to those who were not in run for promotion at the time when the right of the employees for promotion matured on basis of the seniority list---Finding of Tribunal was in conformity with the settled law and no exception could be taken to the same---Appeals were dismissed by Supreme Court with costs. Dr. Muhammad Amjad v. Dr. Israr Ahmed 2010 SCMR 1466; Mrs. Farkhanda Talat v. Federation of Pakistan 2007 SCMR 886 and Luqman Zareen v. Secretary…

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