Case Details

Citation(s)
1980 SLG 1409 1980 SLD 1409 1980 PLC 400
Lahore High Court
Writ Petition No. 2965-S of 1980, heard on 7th July 1980.
ABDUL SHAKURUL SALAM, J

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MUHAMMAD ASHRAF AND 4 OTHERS

VS

GOVERNMENT OF PUNJAB AND 9 OTHERS

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ---Ss. 3(2) & 4, proviso (b) read with Constitution of Pakistan (1973), Arts. 176 & 212---Dispute relating to terms and conditions of service---Within exclusive jurisdiction of Service Tribunal-Interference in writ petition refused by High Court---Petitioner claiming appoint­ment/promotion of respondents as not having been made in accord­ance with Rules and also affecting adversely their rights ensured under Rule--Matter, held, not of fitness to hold a particular post, hence not outside jurisdiction of Service Tribunal. Iqan Ahmed Khurram etc. v. Government of Pakistan etc. P L D 1979 Kar. 610 and Iqan Ahmad Khurrum v. Government of Pakistan etc. P L D 1980 S C 153 ref. Qazi Abad Muhammad Siddiqi and Rao Dastgir Ahmad Khan for Petitioners. Karamat Nazir Bhandari, A. A.-G. for Respondents Nos. 1 and 2. Sajjad Hussain for Respondents Nos. 3 and 7. Ahmad Raza Malik for Respondent No. 5. Masood Ahmad Riaz for Respondents Nos. 4, 6, 8, 9 and 10. Dates of hearing : 14th to 17th June and 7th July 1980. JUDGMENT The petitioners who are B. Sc. (Eng.) were recruited on the recommenda­tions of the Public Service Commission dated 9-9-1972 as Assistant Executive Engineers in Class I (Junior) by the Government of the Punjab. Irrigation and Power Department, vide Notification No. Estt. 1/A, P-2-70, dated 24-11-1972. On 24-4-1973 Notification No. S. O. R. III (S. & G. A. D.) 2-13/72 was issued to the following effect: "In continuation of the Orders contained in S. & G. A. D's Notification No. S. O. R. III-2-25/70, dated the 3rd May, 1972 the Governor of the Punjab is pleased to revise the pay scale of Sub-Divisional Officers in the Irrigation & Power Department, Communication and Works Department, Housing, Physical Planning Department and Public Health Engineering Department promoted from the rank of Overseers, from Rs. 350-35-525/40-925 to Rs. 450-50-1,000. Their pay in the revised scale of Rs. 450-50--1,000 will be fixed in accordance with rule 4,4 (a) (ii) of Civil Service Rules Punjab, Vol. I, Part I, with effect from the date of the notification. They will not however, become members of Class I Services of…
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