Case Details

Citation(s)
1971 SLG 3118 1971 SLD 3118 = 1971 PLC 111
Punjab High Court
Case. No. 458/236 of 1970, decided on 25th February 1971.
Presented By: S. A. Mahmood, Chairman, Bashir Ahmad Khan and Ashfaq Ali Khan, Members

BASHIR                                                                                       AHMED MIRZA

VERSUS

THE STATE (SECRETARY TO GOVERNMEVT OF PUNJAB HOME DEPARTMENT) LAHORE AND ANOTHER

Law:

Section:

West Pakistan Civil Services (Appellate Tribunals) Ordinance (XVIII of 1969), S. Sand Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970), S. 7-Department duty bound to publish final seniority list-Appeal filed on basis of provisional seniority list-Not decided and department directed to publish final seniority list within three months.   ORDER S. A. MAHMOOD (CHAIRMAN).-This is an appeal by Mr. Bashir Ahmed Mirza; Parole Officer under section 4(l) of the Civil Services (Appellate Tribunals) Ordinance, 1969, whereby he prays that the order, dated 26th May 1970, passed by Adviser/Deputy Secretary, Home Department, Government of West Pakistan, declaring Mr. Riaz Ahmed, respondent No. 2 to be senior to the appellant and promoting him to the post of Supervisor on that account, be set aside, and it be declared that the appellant is senior to the said, respondent. Mr. Riaz Ahmed, respondent No. 2, was employed as a Probation Officer in the Reclamation and Probation Department in the lower scale of pay of Rs. 175-15-245/15-400 in July 1961. His designation was changed to Parole officer in the same scale on the reorganisation of the, Department of 21st February 1962, and he was allowed the benefit of the higher scale. (275-15-320/20--500), from 1966 on completion of 'five years' service. Bashir Ahmed Mirza, appellant was appointed as Parole Officer in the higher scale of 275-15-320120-500, as he was M.A. in Sociology. He joined the Department as Parole Officer on 16-9-1963. When the post of Supervisor fell vacant in the Bahawalpur Division on the reversion of one Muhammad Mian Ansari, the respondent No. 2 made a re presentation for promotion as Supervisor, which was forwarded to the Public Service Commission in 1967, but he wag, found ineligible for promotion under the rules. Respondent No. 2, again represented in August 1967, and his representation was again turned down, On 12th October 1968 a circular memo was issued by the Home Secretary to Government of West Pakistan in which Parole Officers were bracketed with Probation Officers for promotion as Supervisors and seniority was directed to be maintained heretofore on regional basis instead…
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