| Citation(s) |
|---|
| 1985 SLG 567 1985 SLD 567 1985 SCMR 689 |
Supreme Court of Pakistan
Civil Petitions Nos. 619 to 628 of 1984, decision dated: 7-10-1984.(On appeal from the judgment and Order of the Punjab Service Tribunal, dated 29-3-1984 in Appeals Nos.65, 58, 57, 157, 24, 66, 67, 59, 156 and 155 of 1984 respectively)
ABDUL KADIR SHAIKH AND SAHFIUR RAHMAN, JJ
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Civil Petitions Nos. 619 to 628 of 1984, decision dated: 7-10-1984.(On appeal from the judgment and Order of the Punjab Service Tribunal, dated 29-3-1984 in Appeals Nos.65, 58, 57, 157, 24, 66, 67, 59, 156 and 155 of 1984 respectively)
ABDUL KADIR SHAIKH AND SAHFIUR RAHMAN, JJ
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SECRETARY TO GOVERNMENT OF THE PUNJAB, IRRIGATION and POWER DEPARTMENT and others
VS
MUSHTAQ AHMED and 9 others
Law:
Section:
Constitution of Pakistan (1973)---Art.185(3)--Punjab Civil Servants Act (VIII of 1974), Ss. 11 & 21(2)-Reversion of civil servants--Sub-Divisional Officers as stop-gap arrangement from time to time--Reverted to accommodate qualified engineers--Order impugned before Service Tribunal on ground that they were entitled to be considered against quota reserved for them--After determination of cadre strength/number of vacancies in consultation with parties and enunciating effect of prescribed rule, order of reversion set aside--Appellants and other S.D.Os. of their class ordered to be considered for promotion on merits under prescribed rules--Judgment assailed on technical points not warranting detailed examination by Supreme Court--No question of law 'of public importance having been raised, leave to appeal refused. ORDER SHAFIUR RAHMAN, J.--These ten petitions for leave to appeal have been filed by the Secretary, Government of the Punjab, Irrigation and Power Department and the Chief Engineer, Irrigation, under Article 212 of the Constitution,. They are all directed against the judgment of the Punjab Service Tribunal, dated 29th of March, 1984 whereby some relief was granted to the respondents. The respondents in all these petitions joined the Irrigation Department of the Government of the Punjab as Overseer (Sub-Engineer) before 1967. They were from time to time allowed to hold the charge of the Sub-Divisional Officer by the respective Chief Engineers. This appointment was expressed to be provisional, in addition to duties as Sub-Engineer, without any claim of seniority, pay and allowances of Sub-Divisional Officer with the liability of termination of the acting charge without any notice. Such a posting, it appears, was as a stop-gap arrangement. On 15-6-1982 the Secretary, Government of the Punjab, Irrigation and Power Department, Lahore issued a direction, to all the Chief Engineers, Irrigation in the Punjab, to revert those Sub-Divisional Officers who had been posted as such as a stop-gap arrangement in order to accommodate the qualified graduate Engineers who had become available. Consequently, the Chief Engineers passed the order terminating the acting…
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