Law:

Section:

West Pakistan Service of Civil Engineers (Buildings and Roads) (Class I) Rules, 1967-- ---R. 11--Pakistan Engineering Council Act (V of 1976)-Promotion as Executive Engineer (Grade-18)--Holders of Diploma in Engineering entering service as Sub-Engineer eligible for promotion as Assistant Engineer (Grade-17) and Executive Engineer (Grade-18) under Rules of 1942--Debarring such Diploma-holders from promotion, held, was an act of sheer injustice and great hardship if terms and conditions of service assured at time of entry into service are suddenly changed to their detriment--Instructions in Punjab Government S&GAD circular letter, dated 23-11-1980 and Ministry of Housing and Works (Works Division) O.M., dated 8-8-1977 have force of rules--Sub-Engineer Diploma-holder appointed in 1952, promoted as Assistant Engineer in 1959 with approval of Punjab Public Service Commission and again on ad hoc basis as Executive Engineer in 1976--Refused promotion as Executive Engineer on regular basis on grounds that qualifications for promotion as Executive Engineer had been enhanced as Engineering Graduate under West Pakistan Service of Civil Engineers (Buildings and Roads) (Class I) Rules, 1967 and Pakistan Engineering Council Act, 1975--Held: Appellant when inducted to service terms and conditions of service, vide Rules of 1942 permitted him to earn promotion to higher post of Executive Engineer on merits on account of good work, conduct and performance and seniority; refusal of promotion would amount to sheer injustice and great hardship--Appellant, held, entitled to be considered for regular promotion as Executive Engineer--Punjab Service Tribunals Act (IX of 1974), S. 4. Mukhtar Ahmad v. Government etc. 1983 P L C (C.S.) 767; PLD 1960 SC 105; P L D 1973 SC 144 and 1984 P L C (C.S.) 21 rel. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-- Ch. Noor Mohammad, XEN, Project Director, Technical Cell Punjab Police, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Secretary to Government of the Punjab, Communication and Works Department,…

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