Law:

Section:

Constitution of Pakistan (1973)--Art. 212 (3)--Punjab Government Notification No. 1-13/79-SOS(IV), dated 27-1-1983--Civil service--Entry of 15 per cent. of Cadre of Civil Judges/District and Sessions Judges in next higher National Pay Scale-­Bound to open up further chances of their promotion--Whether entry to be allowed automatically on basis of seniority or after due consideration of their suitability--Leave granted to consider said question of law of public importance. ORDER M.S.H. QURAISHI, J.--Under the Pay Revision Rules, 1973, 15 per cent of the cadre of Civil Judges in N.P.S.-17 is to be in N.P.S.-18 while a similar percentage of the cadre of District and Sessions Judges in N.P.S.-19 is to be in N.P.S.-20. A question arose before the Punjab Service Tribunal in the respondents' appeals whether the entry in N.P.S.-18 of the Civil Judges and in N.P.S.-20 of the District and Sessions Judges in the 15 per cent quota can be allowed automatically on the basis of seniority or after due consideration of the fitness of the incumbents concerned. The Tribunal held, in the case of respondent Mumtaz Hussain Malik, that: - ' "We do not find any provision in the said Rules which anywhere bars the appellant to enjoy N.P.S-18 made effective from 1-3-1972, on the ground of 15% of the cadre of Civil Judges. The grant of N . P . S . -18 on the basis of 15% quota is not a promotion and this fact has been re-affirmed by the respondent-Government itself in para. 4 of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492