Law:

Section:

(a) West Pakistan Primary Education Ordinance (XXIX of 1962) Ss. 10(3)(e) & 13(3)(b)-promotion of a teacher from junior post to higher post-Different from upgrading incumbent of a post-Committee not competent to enhance pay-scale of a teacher. No doubt the appointment of teachers and other staff for Government Primary Schools, and their promotion and transfer etc., fall within the executive powers of the Committee but where the pay-scale of a person is enhanced it would be neither a case of promotion nor of fresh appointment as contemplated in section 10(3)(c) of the Ordinance. Promotion is an elevation of an employee from a Junior Post to a Higher Post in the same hier archy of service and to the prospects of which he can reasonably expect, in accordance with the relevant rules on the subject. On the other hand, upgrading of a particular post is not promo tion. When a post is upgraded, the incumbent remains the same and he is not promoted from a Junior Post to a Higher Post. In other words, promotion is of a man while upgrading is of a post. It means that posts are never promoted and it is only men who are promoted. (b) Civil services Promotion and pay-scale-Upgrading of a particular post-Distinct from promotion. (c) Natural justice, principles of Audi alteram pattern -Order passed or action taken found to be void and illegal and sub sequently reversed or rectified by competent authority--Person deriving benefit under such void order or action cannot complain that order or action reversed without Issuing hire a show-cause notice--Constitution of Pakistan (1962), .art. 98. Dates of hearing: 12th and 15th November 1971.                                                                                                                               JUDGMENT Leaving aside the unnecessary details, the facts which are relevant to be mentioned in this case…