Case Details

Citation(s)
1987 SLG 266 1987 SLD 266 1987 SCMR 224
Supreme Court of Pakistan
Civil Petitions Nos. 249 to 251 and 214 to 216 of 1986, decision dated: 29-10-1986. (Against the judgment of the Punjab Service Tribunal, dated 28-12-1985)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Khalil Ramdey, Additional Advocate General Punjab, Muhammad Abdullah Bajwa, Advocate Supreme Court instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioners (in Civil Petitions Nos. 249 to 251 of 1986). Sh. Ziaullah, Advocate Supreme Court

GOVERNMENT OF THE PUNJAB

VS

Rao SHAMSHER ALI KHAN and others

Law:

Section:

Constitution of Pakistan (1973)----Art. 212(3)--Punjab Civil Servants Act (VIII of 1974), S. 8(2)--Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.8 (3)--Promotion--Without considering claim of others similarly placed in service-Seniority Re-fixation of--Civil servants granted accelerated and out of turn promotions without considering claim of others similarly placed in service Re-fixation of seniority allowed by Service Tribunal holding that accelerated promotions are promotions in prescribed manner--Leave to appeal granted to examine contention that such a promotion where an individual is considered a class by himself and promoted without considering his comparative merit with others similarly placed, is in violation of Act and Rules concerning promotion. JUDGMENT SHAFIUR RAHMAN, J.--Six petitions for Leave to Appeal have been filed under Article 212(3) of the Constitution against a consolidated judgment of the Punjab Service Tribunal, dated 28th of December, 1985 whereby the three appeals filed against the re-fixation of the seniority, were allowed. The three appellants before the Service Tribunal were promoted to Grade-18 in the Executive Branch of the Punjab Province, out of turn, in recognition of an exceptional and meritorious service rendered by them, without considering the claim of others similarly placed in the service. The provisional seniority list circulated on 25-9-1982 contained for the first time, the following condition which aggrieved them:- "The officers granted out of turn promotions, over and above their seniors, have been assigned seniority along with their batch mates as decided by the Provincial Selection Board in their meeting held on 18-3-1986. The officers, whose batch mates have not yet become ripe for promotion, have been entered at the tail of the list provisionally and they shall continue to be relegated in seniority till their batch mates get promotion, when their names will be entered at their proper places." The case of the appellants before the Service Tribunal was that their out of turn accelerated promotion, without then considering others similarly placed in the service amounted, for various…
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