Law: Constitution of Pakistan, 1973

Section: 199

JUDGMENT

MUHAMMAD KHURSHID KHAN, J.-By this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan (1973), Mr. Sirajul Islam seeks an appropriate writ for having the order, passed by the Syndicate, University of Peshawar, on the 10th of April 1978, and communicated to him by the Registrar under his office No. 474/Estt., dated 22-4-1978, for his adjustment against the post of Sub-Divisional Officer in National Pay Scale 17 on work charged basis, vacated. Briefly stated, the important ones .of the relevant facts are these. The petitioner was appointed as an Overseer, Islamia College, Peshawar, by the Vice-Chancellor, University of Peshawar, at an initial pay of Rs. 205 per mensem in the time scale of Rs. 175-15-325/15-400, by an order dated the 1st April 1969, Annexure A. Consequent upon the recommendations of the Selection Committee, he was, by an order dated 25th September 1971. Annexure II, appointed as Sub-Divisional Officer at an initial pay of Rs. 450 per mensem in the time scale of Rs. 450-501,000, for the supervision of projects at the campus, maintenance of buildings and supervision of stores of the Buildings Department. In consequence of the promotion of Fazal-Sattar Khan, a confirmed Sub-Divisional Officer, Islamia College, Peshawar, to the post of Director of Works (X.E.N.) the Syndicate, University of Peshawar, in its meeting held on April, 15, 1976, approved the appointment of the petitioner as Sub-Divisional Officer on regular basis against the post vacated by Fazal Sattar Khan with effect from 10th January 1976, and placed him on probation for a period of one year with effect from the same date. On the recommendation of the Finance and Planning Committee, the Syndicate, in its meeting convened on 10th April 1978, created a post of Sub-Divisional Officer in National Pay Scale 17 on work charged basis, payable from Development Budget, with effect from 1st of July 1977, and adjusted Siraj-ul-Islam as Sub Divisional Officer against the said post from the same date. This arrangement was necessitated by the reversion of Fazal Sattar Khan to his substantive post of Sub Divisional Officer. This order is now being com plained of before us.