Law:

Section:

(a) Government servant-Promotion-Rule of seniority-cum-­fitness-Changed by Government to one depending upon result of Departmental examination-Government entitled to make rules in interest of efficiency of service. (b) Writ-Vested rights not denied to party-No writ lies. JUDGMENT AMIRUDDIN AHMAD, J.-This is an appeal by special leave of this Court against an order of the High Court of West Pakistan at Lahore passed on a writ petition filed by 18 persons, who were Inspectors in the Central Excise and Land Customs Department of the Government of Pakistan, in class III, by which the Central Board of Revenue was directed by the High Court that their promotion shall not be regulated by the rule of pure selection. The petitioners to the High Court were appointed as Inspectors on a scale of pay of Rs. 125-25/2-275 before the 20th January 1954 in class III (non-gazetted) under the Central Board of Revenue, Government of Pakistan, when the promotion to the next higher post of Deputy Superintendent, Central Excise and Land Customs, also in class III in the grade of Rs. 185-15-350, a used to be made on the basis of `seniority-cum-fitness'. On the 20th January 1954, the Government of Pakistan, Central Board of Revenue, Karachi, decided that promotions to the post of Deputy Superintendent would henceforth be made by selection on merit on the recommendations of the Departmental Promotion Committees and only those Inspectors would be considered for e promotion who had either passed the departmental examination or had been exempted therefrom. On the 11th April 1956 the post of Deputy Superintendent was taken out of class III and upgraded to class 11 in the general excise service on an increased scale of pay of Rs. 200-15-330-EB-15-500. At the same time the scale of pay of Inspectors was raised to Rs. 125-10-225-EB-10­275-EB-25/2-350. This increased scale was evidently by way, of solatium to those Inspectors who would not get promotion under the departmental examination system. In the beginning of 1957 the Departmental Promotion Committees were abolished and selection for promotion to the newly-created post of Deputy Superintendent in class II was based solely on the result 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