| Citation(s) |
|---|
| 1985 SLG 677 1985 SLD 677 1985 SCMR 1107 |
Supreme Court of Pakistan
Civil Petition No.122 of 1985, decision dated: 18-02-1985 (On appeal from the judgment and order of the Punjab Service Tribunal dated 18-12-1984 in Appeal No.445/1005 of 1984)
ASLAM RIAZ HUSSAIN AND SHAFIUR RAHMAN, JJ
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Civil Petition No.122 of 1985, decision dated: 18-02-1985 (On appeal from the judgment and order of the Punjab Service Tribunal dated 18-12-1984 in Appeal No.445/1005 of 1984)
ASLAM RIAZ HUSSAIN AND SHAFIUR RAHMAN, JJ
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Malik GHULAM RASOOL
VS
GOVERNMENT OF PUNJAB and others
Law:
Section:
Constitution of Pakistan (1973)-Art. 212(3)--Punjab Civil Servants Act (VIII of 1974), S.11-Reversion--Ad hoc appointment/promotion--Promotion/appointment of petitioner being on ad hoc basis in excess of quota reserved for promotees and against a post meant for initial recruitment, on arrival of rightful person, he would stand reverted in normal course--No question of law of general public importance being involved, leave to appeal refused. ORDER SHAFIUR RAHMAN, J.-- The petitioner seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Punjab Service Tribunal dated the 18th December, 1984 dismissing the service appeal of the petitioner challenging the orders of the Governor of Punjab dated 21-5-1984 and 4-6-1984. The petitioner earlier held the post of Stenographer. He was thereafter promoted as Assistant Labour Officer and finally, as Labour Officer. By the impugned orders, it was adjudged that the petitioner's appointment as Labour Officer was against the vacancy reserved for initial recruitment and so was his promotion to the post of Assistant Labour Officer. On the availability of direct recruits, promotions made in excess of the quota reserved for lower cadre was brought to an end and the incumbents were brought back to their substantive posts. In. the case of the petitioner that post happened to be that of the Stenographer. The petitioner challenged such a treatment but the Tribunal came to the conclusion that the facts forming the basis of the impugned orders were correct and the action taken was in accordance with the law. For that reason, the service appeal filed by the petitioner was dismissed. The learned counsel for the petitioner had attempted to demonstrate before us that the petitioner had in fact been promoted as Assistant Labour Officer and as Labour Officer against the post reserved for promotion and for that reason was not liable to be dislodged there from. In any case, it was contended that his appointment as Assistant Labour Officer even if in contravention of the rules, stood the test of scrutiny under Martial Law instructions and stood sanctified and regularised. He could not after such scrutiny be…
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