Case Details

Citation(s)
1985 SLG 2352 1985 SLD 2352 1985 PLC 1085
Service Tribunal, Punjab
Case No. 512/249 of 1982, decided on 3rd May, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS

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Prof. ABDUS SATTAR CHOHAN

VS

SECRETARY TO GOVERNMENT OF PUNJAB, EDUCATION DEPARTMENT and another

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-- ---Ss. 9 & 23(2)--Civil Service Rules, Punjab, Vol. I, Part 1, rr.4.13 (Note) & 10.5--Federal Government letter, dated 31-10-1982--Promotion of Civil servant on deputation abroad--Deputation specifically in terms of r. 10.5 of C.S.R. Punjab, Vol. 1, Part I that lien will remain in parent Department and he will be given a substantive or officiating promotion as authority competent to order promotion may decide--Junior promoted without considering merits of deputationist--Plea that according to Federal Government Policy letter, dated 31-10-1982 adopted by Provincial Government such deputationist could be considered for promotion after return to country and earning a favourable report at least for one year--Plea rejected--Held: (i) instructions in contravention of statutory rules could not be, effective and liable to be ignored, (ii) in view of provisions of Ss. 9 & 23(2) of Punjab Civil Servants Act, 1974 case of such deputationist had to be treated according to r.10.5 and Note below r. 4.13 of C.S.R. Punjab, Vol.I, Part I and should be considered for promotion from date his junior was promoted. P L D 1965 S C 106; Syed Kabir Shah and Bashir Ahmad Kamalana 1983 P L C (C.S.) 1231; 1980 P L C (C.S.) 356; P L D 1961 S C 166 and 1981 P L C (C.S.) 422 rel. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN, (CHAIRMAN)-- Professor Abdus Sattar Chohan, on deputation to King Faisal University, Damam, Saudi Arabia, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Government of the Punjab through Secretary to Governemnt of the Punjab, Education Department, Lahore and Chief Secretary to Government of the Punjab, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the impugned order dated 1-2-1982, in so far as it ignores the appellant for promotion as Professor to Grade 19 may be set aside and respondents be directed to promote the appellant to Grade 19 w.e.f. 30-8-1981, or to consider the appellant for promotion to Grade 19 w.e.f. 30-8-1981. 3. Brief facts of the case are that the…
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