| Citation(s) |
|---|
| 1986 SLG 1888 1986 SLD 1888 1986 PLC 52 |
Service Tribunal, Punjab
Cases Nos. 427/825, 120/599, 257/745 and 126/578 of 1984,decided on 23rd December, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS
Cases Nos. 427/825, 120/599, 257/745 and 126/578 of 1984,decided on 23rd December, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS
IJAZ AHMAD BHATTI and 3 othersvsDEPUTY DIRECTOR FOOD, LAHORE REGION and others
Law:
Section:
(a) Civil service-- --- Tribunal's Order--Passed by exceeding its defined jurisdiction-Nullity, void ab initio and entire series of order passed on basis of such orders are equally void--Employee of ministerial cadre of Food Department appointed validly by Government to executive cadre in relaxation of rules and such appointment acted upon--Punjab Civil Service Appellate Tribunal competent only to decide appeals against orders of competent authorities vis-a-vis seniority of Government Servants passing order that appointment in relaxation of rules to executive cadre could not be made--Order passed by Punjab Civil Service Appellate Tribunal, in circumstances, held, beyond its jurisdiction -Department, held, not justified in acting upon such void and illegal of said-defunct Tribunal--Subsequent order passed by Department contrary to earlier order regarding appointment to executive cadre of appellant in relaxation of rules and consequential seniority and promotion in executive cadre, held, would not fall within purview of locus poenitentiae--Service Tribunal, in circumstances, setting aside subsequent order and restoring earlier order with consequential benefits of seniority--Punjab Civil Service (Appellate) Tribunal Ordinance (IV of 1970), S. 4--Punjab Service Tribunals Act (IX of 1974)--S. 4, West Pakistan Food Department Subordinate Executive Establishment Recruitment Rules, 1962, rr. 5(b) & 12. P L D 1962 S C 367; P L D 1968 S C 37 and P L D 1973 S C 236 rel. (b) Civil service-- --- Promotion--Pro forma promotion--Creates vested right of seniority-Cannot be withdrawn if once granted and acted upon. Raja Muhammad Nawaz v. Government of Punjab 1981 S C M R 523 rel. Masud Ahmad Riaz for Appellants (in Cases Nos. 427/825 and 120/599). Ch. Mushtaq Masood for Appellant (in Case No. 257/745). Sh. Abdul Qayyum for Appellant (in Case No. 126/578). Riaz Anwar and M. Iqbal Chaudhry for contesting Respondent-4 (in all Cases). A.G. Humayun, District Attorney for Respondent-Government. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-- Messrs Ijaz Ahmad Bhatti (Appeal No. 427/825 of 1984), Ghulam Bari (Appeal No. 120/599 of 1984), Muhammad Bashir (Appeal No. 257/745 of 1984) and…
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