Case Details

Citation(s)
1977 SLG 1574 1977 SLD 1574 1977 PLC 195
Service Tribunal, Punjab
Cases Nos. 330/613 of 1975 and 175/811 of 1976, decided on Mth March 1977.
M. SALEEM CHAUDHRY, CHAIRMAN, ASHFAQ ALI KHAN AND KHALID FAROOQ AKBAR, MEMBERS

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Members MUHAMMAD AFZAL ETC

VS

PROVINCE OF THE PUNJAB AND OTHERS

Law:

Section:

(a) Punjab Administrative Tribunals Act (18 of 1974)- ---- S. 4, proviso (b)-Appeal, maintainability of--Proviso comes into operation only when determination for being appointed or promoted to higher grade actually made-Appellant not considered for a number of posts against which eligible to be considered Grievance of appellant in circumstance, held, could not be said o have been finally determined-Appeal, held, maintainable. (b) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974- - R. 9 read with Punjab Administrative Tribunals Act (IX of 1974), S. 4, proviso (b)-Appeal, maintain ability of Right to be promoted­ Not same as right to be considered for promotion--Appellants only claiming to be considered for promotion--Rule 9, helot, not attracted to case. (c) Punjab Civil Servants Act (VIII of 1974)- -- S. 8----Promotion-Formula of promotion adopted by Government divorced from seniority-Violative of S. 8. (d) Civil Service Pakistan (Composition and Cadre) Rules, 1954-- ----R. 7(2) read with "P. C. S. (Judicial Branch) Service Rules, 1964, r. 3-Promotion-Nexus of Members of P. C. S. (Judicial Branch) with posts of Additional District and Sessions Judges only through r. 7(2)-As long as r. 7(2) remained in field, a right, held, existed for members of P. C. S. (Judicial Branch) to look for promotion to posts of Additional District and Sessions Judges. (e) Civil Service Pakistan (Composition and Cadre) Rules, 1954- -- R. 7(2) read with 1'. C. S. (Judicial Branch) Service Rules, 1964, r. 3, Punjab Civil Service (Appointment and Conditions of Service) Rules 1974, rr. 3. 10 & 12, Punjab Civil Servants Act (VIII of 1974), S. 8, Punjab Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules. 1974, S&GAD's Circular Letter dated 23-7-1974-Promotion appellant's right of promotion abolished not by Abolition of Classes Rules, 1974 but by an earlier notification of Federal Government-S&GAD's Circular Letter dated 23-7-1974, hence, does not seek to restore right of promotion of members of P. C. S. (Judicial Branch) to posts of Additional District and Sessions Judges, such right having been extinguished on…
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