Law:

Section:

(a) Constitution of Pakistan (1973) ---Article, 212(3) Contention that educational qualifications required for post of Assistant Medical Officer being either L. S. M. F. or Medical Technician, Government in granting higher scale of pay to L. S. M. F. and granting lower scale, to petitioner a medical tech¬nician certificate holder violated terms and conditions of service of petitioner Held: No terms and conditions of service of petitioner violated in granting higher scale of pay to a; category of officer holding higher qualifications before entry into service. [Civil services]. (b) Constitution of Pakistan (1973) ----Art. 212(3) Prospects of promotion, held, not a term and condition of service. [Civil services]. Government of West Pakistan v. Fida Muhammad Khan P L D 1960 S C 45 ref. Wasim Sajjad, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate on Record for Petitioner Nemo for Respondent Date of hearing: 4th Jane 1980. ORDER NASIM HASAN SHAH, J. This is a petition under Article 22(3) of the Constitution of Pakistan seeking leave to appeal against the order dated 30 12 1969 passed by the Punjab Service Tribunal, Lahore, in Appeal No. 384 of 1978. The relevant facts are that the petitioner was recruited as an Assistant Medical Officer in Class 11 Junior Grade under tae West Pakistan Local Councils and Municipal Committee Service Rules, 1963. His qualifications were that he held a medical technician certificate from the West Pakistan State Medical Faculty, Lahore. He joined service on 22-12-1970 and was confirmed on 22 12 1973. The grade of pay for the service was raised to N. P. S. 11 in 1972. The Punjab Government made the Civil Service Rules, 1974, applicable to the servants of the Local Councils and hence the petitioner has been enabled to move the Service Tribunal. His grievance is that the educational qualifications required for the post of Assistant Medical officer were either L. S. M. F. or Medical Technician and the Assistant Medical Officers holding either of the qualifications, namely, L. S. M. F. or Medical Technician were eligible for the said post and for all practical purposes the two qualifications were laced at par. However, by a…

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