| Citation(s) |
|---|
| 1971 SLG 3110 1971 SLD 3110 = 1971 PLC 31 |
Punjab High Court
Cases 14os. 115/23, 116/20, 117/17, 118/21, 119/22, 120/15, 122/28, 140/35, 102/56, 168/47, 126/27 and 98/46, decided on 18th January 1971.
Presented By: S. A. Mahmood, Chairman and Ashfaq Ali Khan, Member
Cases 14os. 115/23, 116/20, 117/17, 118/21, 119/22, 120/15, 122/28, 140/35, 102/56, 168/47, 126/27 and 98/46, decided on 18th January 1971.
Presented By: S. A. Mahmood, Chairman and Ashfaq Ali Khan, Member
Ch. MUHAMMAD YAQUB SINDHU, DIRECTOR, CO-OPERATIVE INSTITUTE OF MANAGEMENT AND OTHRRS.
VERSUS
. SECRETARY TO GOVERNMENT OF WESPAKISTAN, CO-OPERATIVE DEPARTMENT, LAHORE AND OTHERS
Law:
Section:
Punjab Provincial Co-operative Societies (Class II) Rules, 1950, r. 5(2), Integration Circular, dated 25-11-1955, para.13 and West Pakistan Co-operative Service (Class II) Rules, 1963, r. 9(2)(b) Seniority-Direct recruits vis-a-vis promoter Assistant Registrars Persons recruited against permanent vacancies reserved for direct recruitment according to prescribed quota, - but advertisement of Public Service Commission and their appointment letters, indicating appointment on temporary basis-Such persons on completion of two years training, appointed on probation for, two years-Promote Assistant Registrars promoted against vacancies reserved for direct recruitment-Cannot claim any substantive appointment In those posts- Direct recruits, notwithstanding their appointment orders deemed - to have been- appointed, against substantive vacancies, in circumstances and held, entitled to be placed senior to promoter Assistant Registrars appointed against vacancies reserved for direct recruits in terms of r. 9(2)(b)-Nature of vacancy at time of appoint ment and not that provided during training period to be considered for purposes of determining against what kind of vacancy, permanent or temporary, a person is recruited. ORDER S. A. MAHMOOD, (CHAIRMAN).-These twelve appeals by Ch Muhammad Yaqub Sindhu, Ch. Muhammad Iqbal Khan, Syed Nazir-ul-Hassan, - Mr. Zahoor-ul-Haq, Mr. Ghulam Yasin, Mr, Rashid Ahmad Hashmi, Mr. Abdul Rashid, Mr. Gul Nawaz -Khan, Mufti Muhammad Saad Ullah, Sh. Muhammad Mukarram, Ch. Nazir Ahmad and Mr. Mushtaq Hussain Qureshi will be disposed of by one order as they arise out of similar facts and raise for decision similar questions. These appeals are in essence directed against the order of Registrar, Co-operative societies dated 26th April 1969 made on the six representations of respondents 3 to, 8 where by the latter were made senior to the appellants and the order of the Secretary to Government of West Pakistan dated 8th July 1969, rejecting the representa tions of six of the appellants (Messrs .Gul Nawaz, Ch. Rashid Ahmad Hashmi, Zahoor-ul-Haq. Nasir-ul-Hassan and M. S. Mukarram) against it and maintaining the order of the Registrar, CO-operative…