Law:

Section:

(a) Civil service - -- Pay-Increment - Civil servant entitled to pay for work-­Withholding of increment due to failure to pass promotional exami­nation-Not approved-Depriving an official of his due remuneration when doing his work whole- time-Devoid of any legal basis. (b) Civil service - ---Promotion-Change of requirement of academic qualification for purposes of promotion -Promotees generally reach higher ranks towards fag end of their service when possessing enough experience and professional excellence-Introduction of requirement of higher academic qualification, held, unjust--Record of acceptable standard and passing promotion examination if required, held, should suffice. (c) West Pakistan Water and Power Development Authority Act (XXXI of 1958)- -- S. 18 and WAPDA Common Cadre Administrative Posts Service Rules, 1980, para. 2 (a), col. 4-Promotion to post of Deputy Director (Grade 18)-Powers of Authority to frame rules relating to terms and conditions of service of employees-Not unfettered so as to frame rules not appropriate and which alter existing terms and con­ditions to disadvantage of employees-Rule governing promotion to grade 18 amended on 8th April, 1982 and 22nd May, 1982 introduc­ing (1) passing promotion examination, (2) possessing academic quali­fication of graduation and (3) condition of withholding of annual in­crements in case of failure to pass promotion examination -System of promotion examination, held, not exceptionable provided introduced after allowing lead period of two years to be used preparatory and as advance warning and till then existing system should prevail-Intro­duction of academic qualification and condition of stoppage of incre­ments for failure to pass promotion examination, in circumstances, held, illegal. Mahfooz-ul-Haq for Appellant. Iftikhar Ahmad Shaikh for Respondents. Date of hearing : 27th September, 1983. JUDGMENT BRIG. (RETD.) ABDUR RASHID (MEMBER).-The appellant joined service WAPDA's as Assistant on 8th September, 1961. Further promotions followed and on 1st June, 1977 he was appointed as Junior Officer (Admn.) in Grade 16. 2. On 30th January, 1980 the Authority introduced WAPDA Common Cadre Administrative…

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