Case Details

Citation(s)
1994 SLG 276 1994 SLD 276 = 1994 PLC(CS) 931

Civil Appeals Nos. 1266,1267 and 1268 of 1990, decided on-6th March 1994.
Ajmal Mian, Sajjad Ali Shah and Saleem Akhtar, JJ

MUHAMMAD ANIS and others

VERSUS

ABDUL HASEEB and others

Law:

Section:

AJMAL MIAN, J: --We intend to dispose of the above three appeals by this common judgment as they are directed against a common judgment of a Division Bench of the High Court of Sindh passed in Writ Petition No.D-839 of 1985, filed by the private respondents in the above three appeals, challenging the notifications, whereby inter alia in Civil Appeals. Nos. 1266 and 1267 of 1990, the appellants, who were working as Assistant Collectors in Grade-17, were promoted to Grade-18, allowing the same in the following terms:--   "We, therefore, hold that the present petition is competent and direct he respondents Nos-1 and 2 to consider the case of the petitioners in accordance with rules and law applicable to their case for the purpose of promoting them to a higher grade of pay scale."   2. The brief facts are that on 1-10-1978, when the then President Muhammad Ziaul Haque visited West Wharf of the Karachi Port to see off Haj pilgrims, certain members of the staff of the Customs Department posted at the above Wharf, complained to him about their problems. Thereupon, the then President decided that the posts of Preventive Officers of Customs Department working in Basic Pay Scale 10 were to be placed in Grade-13 and those who were working as Appraisers in Grade-13 were to be upgraded and placed in Grade-17. The late President recorded his above order in the form of minutes. The above decision was forwarded for implementation on 2-10-1978 to the Ministries concerned. After that, the Central Board of Revenue issued notification bearing No. 145-ACE. I/80 of 15-9-1980, whereby the posts of Principal Appraiser/Appraiser were upgraded from Grades 16 and 13 respectively to that Grade-17 and 148 Principal Appraiser/Appraisers were appointed to the upgraded posts of Grade-17 with effect from 1-3-1979 until further orders. The above notification with the omission of the names reads as follows:--   "Islamabad, the 15th September, 1980. No. 155-ACE 1/80.--In pursuance of President's order dated October, 1978, the posts of Principal Appraiser/Appraisers in the Customs Department have been upgraded from Grades 16 and 13 respectively to Grade-17 and the…
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