Case Details

Citation(s)
1971 SLG 3108 1971 SLD 3108 = 1971 PLC 22
Punjab High Court
Case No. 202/63 of 1970, decided on 27th October 1970.
Presented By: S. A. Mahmood, Chairman, Bashir Ahmad Khan and Ashfaq All Khan, Members

DR. MUHAMMAD ELIAS DUBASH, JOINT DIRECTOR OF INDUSTRIES

VERSUS

GOVERNMENT OF WEST PAKISTAN AND 5 OTHERS

Law:

Section:

(a) Civil service-Appointment-Cannot precede issue of letter of appointment. (b) Civil service-Seniority-Person senior in lower grade not superseded at time of promotion to higher grade-Such person after promotion to higher grade, held, rightly placed above person junior in lower grade promoted to higher grade. (c) Civil service - Promotion - Eligibility - Specific provision in service rules necessary for a post to be in equivalent grade for purpose of promotion to higher post-Post of Chief Inspector of Boilers in Industries Department--Distinct post having its own identity irrespective of its pay-scale being equivalent to that of Joint Director-Chief Inspector of Boilers-Not included in post of Joint Directors-Deputy Chief Inspector of Boilers-Not included among holders of posts eligible for promotion as Joint. Director-Seniority of Deputy Chief Inspector of Bailers and Chief Inspector of Boilers-Cannot be merged with Deputy Directors of Industries and Joint Directors of Industries respectively-West Pakistan Industries Services (Class I) Rules, 1962, rr. 5 & 9 and Serial Nov. 4, 7 (Group I) and Serial No. 8 (Group II). ORDER         S. A. MAHMOOD (CHAIRMAN).-In this appeal under section 4 of the West Pakistan Civil Services (Appellate Tribunals) . Ordinance, 1969, Dr. Muhammad Elias Dubash appellant prays that he be declared senior to Messrs F. H. Durrani, Joint Director Industries, A. S. Khan, Chief Inspector of Boilers, Dr. M. Anwar-ul-Haque, Joint Director of Industries (since retired), Mansoor Ahmed, Joint Director of Industries and S. A. Ahmad, officer on Special Duty (Industrial Estates), respondents 2 to 6. He feels aggrieved by the seniority list circulated by the Directorate of Industries and Commerce vide memo. dated 9-5-1968, in which he has been assigned 9th position, whereas he claims that he should have ranked at number 4, and above respondents 2 to 6. The appellant claims to have been appointed to a permanent vacancy of Deputy Director Industries (Research) through the Public Service Commission w.e.f. 2nd November 1957, by Notification dated the 28th November 1958. This notification notified the appellant…
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