Law:

Section:

Government servant-Promotion-From Class II to Class I temporarily, of officer originally recommended by Public Service Commission for Class I but failing to get post in that class for lack of vacancy-Reversion from Class 1 on representation of Senior Officers of Class II-Held, proper-No case for writ--­Government of India Act, 1935, S. 240. JUDGMENT CORNELIUS, J.---This appeal by special leave is brought before the Court by the Provincial Government of West Pakistan to call in question a decision of the High Court of West Pakistan granting to the respondent, Mr. Akram Wasti, an officer holding a substantive post in Class II Service of the P. W. D. Electricity Department, relief in the following terms :----- "We, therefore, accept this petition and setting aside the order of the petitioner's reversion, direct that he be re-appointed to 4 Class I post," The facts are simple. On the 13th October, 1955, the then Punjab Government made an order in the following terms :--- "Government have decided that M/s Shahid All and Akram Wasti may be temporarily promoted to P. S. E. Class I (Junior against the departmental vacancies. This will however be subject to their being accepted by the Public Service Com­mission in the normal way. It is understood that there are a number of vacancies in the department at present, 50% of which can be filled up by departmental promotions and the rest by open competition by the Public Service Commission." At that time Mr. Akram Wasti was the junior most among the Class II officers who were thirteen in number. The reasons for his promotion were, at the time, given as follows. In January 1953, when the Public Service Commission interviewe a large number of candidates for direct recruitment to Class I Service in the P. W. D. Electricity Department, they recommended 13 of those persons for II posts which had been advertised of which eventually only 9 were filled as only so many posts were available. Mr. Akram Wasti's name was placed at No. 11 in order of merit by the Public Service Commission and consequently he failed to obtain a post in Class I Service, while continuing to be a member of the Class II Service. In 1954, five new vacancies…

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