Case Details

Citation(s)
1971 SLG 3122 1971 SLD 3122 = 1971 PLC 126
Punjab High Court
Case No. 25/18 of 1970, decided on 25th September 1970.
Presented By: S. A. Mahmood, Chairman, Bashir Ahmad Khan and Ashfaq Ali Khan, Members

ABDUL HAMID

VERSUS

SUPERINTENDING ENGINEER, PUBLIC HEALTH ENGINEERING CIRCLE, BAHAWALPUR AND ANOTHER

Law:

Section:

Civil service-Promotion-Temporary promotion in public Interest to meet exigencies of departmental work without considera tion of merit or seniority position in lower grade-Cannot give right of seniority over officials senior in lower grade--Officials of B & R' Department on bifurcation of department given option to opt either for Public Health Engineering Department or to remain in B & R Department with guarantee of seniority with reference to continuous appointment-A an Assistant Clerk though opting for Public Health Engineering Department not transferred to that department another Assistant Clerk of e & R Department transferred to Public Health Engineering Department promoted as senior clerk subsequently in Public Health Engineering Department on temporary basis but again reverted as Assistant Clerk-A however remain ing in B & R Department and gelling promotion as senior clerk and then transferred to Public Health Engineering Department-B representing to be placed senior to A on plea that he was promoted as senior clerk prior to A's joining Public Health Engineering Department-Held, A being senior as Assistant Clerk to B with reference to continuous appointment should continue to enjoy his basic seniority and B's earlier promotion on temporary basis in exigencies of departmental work without considering merit of A and B would give no right of seniority to B-West Pakistan Public Health Engineering Department Ministerial Service (Circle) Rules, 1966, rr. 5(v)(i) & 9(b),   ORDER S. A. MAHMOOD (CHAIRMAN).-This appeal by Abdul Hamid, as Assistant Clerk in the Public Health Engineering Department of Government of Punjab arises out of the following facts :- Abdul Hamid appellant was appointed as an Assistant Clerk in the B & R Department of Government of the Punjab on 17th December 1953. In 1961 the Government decided to bifurcate the B & R Department into Departments of B & R and Public Health Engineering Departments, but instead of allocating the officers to the two Departments, Government decided to give option to all those serving in the B & R Department to opt for one or the other, giving them the guarantee…
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