| Citation(s) |
|---|
| 1985 SLG 2345 1985 SLD 2345 1985 PLC 1068 |
Sindh High Court
Constitutional Petition No. D-9 of 1984, decided on 2nd March, 1985.
K.A. GHANI AND FAKHRUDDIN H. SHAIKH, JJ
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Constitutional Petition No. D-9 of 1984, decided on 2nd March, 1985.
K.A. GHANI AND FAKHRUDDIN H. SHAIKH, JJ
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Rana SHAMSUL HAQUE
VS
WAPDA and others
Law:
Section:
(a) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---S. 18--Provisional Constitution Order (1 of 1981), Art. 9--Promotion--Employees junior to petitioner promoted to next rank on ground of having passed departmental examination--Petitioner, having not acquired any vested right to be promoted to senior post vis-a-vis, his juniors who had been promoted on account of complying with departmental requirement of examination--Employee, held, was not entitled to get declaration from High Court, that Authority should promote him to particular post. S.H.M. Rizvi and 5 others v. Maqsood Ahmad and 6 others PLD 1981 S C 612. Sahibzada Fariduddin Ahmed v. The Province of Punjab and another P L D 1976 Lah. 1310; Attaullah Mehr v. Punjab Government 1983 C L C 2903; Abdul Jabbar Khan v. The Director, P.C.S.I.R. Laboratories, Peshawar University and others 1984 SCMR 213; Muhammad Ishaq v. Sarhad Development Authority and others 1984 CLC 126; Khalilur Rehman and others v. Government of Pakistan and others P L D 1981 Kar. 750; Muhammad Suleman Khan v. Pakistan 1972 SCMR 127 and Mian Amanul Mulk v. N.-W.F.P. P L D 1981 Pesh. 1 ref. (b) Civil service-- ---Natural justice, principles of--Requirements--Employee's promotion having been withheld on ground that he had not passed departmental examination--Such employee could have claimed promotion from date of notification when condition of departmental examination was waived--Such waiver, however, would not entitle employee to claim seniority over those who were promoted earlier after having complied with requirement of departmental examination--Plea of breach of principle of natural justice, held, was not available to petitioner in circumstances. (c) Provisional Constitution Order (1 of 1981)-- ---Art. 9--Civil service--Constitutional petition--Effect of laches-Grievance having accrued to employee in 1978 while petition was filed in 1983--On date of filing of constitutional petition no vested right to promotion, held, had accrued to petitioner--Petition, held, was liable to be dismissed for reasons of laches. (d) Provisional Constitution Order (1 of 1981)-- ---Art. 9--Civil service--Pro forma…
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