Case Details

Citation(s)
1983 SLG 1484 1983 SLD 1484 1983 PLC 356
Service Tribunal, Punjab
Case No. 342 of 1982 alongwith 16 other cases, decided on 15th November, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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Syed GHULAM JILANI SHAH AND 16 OTHERS

VS

SECRETARY TO GOVERNMENT OF PUNJAB IRRIGATION AND POWER DEPARTMENT AND ANOTHER

Law:

Section:

Civil service------ -----Promotion-Order passed by authority not competent to do so­-Creates no right - Sub-Engineers - Promotion as Sub-Divisional Officer-Within competence of Government-Chief Engineer posting Sub-Engineer as S. D. O. in their own pay scale-Such order, held, would create no right to claim promotion-Posting Orders issued as stop-gap arrangement with clear condition that appointment as S. D. O. will be terminated whenever Government think proper under S. 11 of Civil Servants Act, 1974, without any notice Contention that Sub-Engineers were promotees and having worked continuously for about 5 years against higher assignments should be considered as regular promotees, in circumstances, rejected­-Punjab Civil Servants Act (VIII of 1974), S. 11-[P L D 1966 Lah. 825; Dr. M. S. Qureshi v. West Pakistan P L D 1963 S C 144; 1981 SCMR 223; PLD 1970 SC 203;PLD 1970Quetta115and P L D 1982 S C (A J & K) 124 held rot applicable]. P L D 1966 Lah. 825 ; Dr. M. S. Qureshi v. West Pakistan P L D 1963 S C 144 ; 1981 S C M R 223 ; P L D 1970 S C 203 ; P L D 1970 Quetta 115 and P L D 1982 S C (A J & K) 124 held not applicable. Riaz Anwar and Masud Ahmad Riaz for Appellants. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Syed Ghulam Jilani Shah and sixteen others have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974, in which they have impleaded the Secretary to Government of the Punjab, Irrigation and Power Department and Chief Engineer, Faisalabad and others as respondents. 2. By virtue of these appeals they have prayed that order of respondent No. 1 directing the reversion of the appellants from the post of Sub-Divisional Officer to that of Sub-Engineer and order of respondent No. 2, dated 18-8-1982, reverting the appellants to the post of Sub-­Engineers may be set aside. 3. As the facts and point of law involved in all these appeals are identical in nature we will decide these appeals by our this single judgment. 4. Brief facts of the case are that all the appellants joined Irriga­tion Department as Overseers between 1944 to 1955. The designation of the Overseer was…
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