Law:

Section:

(a) Sind Local Councils Unified Grades Service Rules, 1982-- ---Rules relating to promotion in Engineering Branch--Engineering Branch of Sind Councils Unified Grade Service--Move-over from Grade-17 to Grade-18-­Requirements--In such service for promotion to B.S. 18, requirement of five years' service for degree-holders in B.S.17, and for diploma-holders experience of twelve years as members of service in Grade-17, is necessary. (b) Sind Local Councils Unified Grades Service Rules, 1982-- ---Rules relating to promotion in Engineering Branch--Engineering Branch of Sind Councils Unified Grade Service--Promotion--Move-over from Grade-17 to Grade-18 denied to petitioner on the ground of his inability to produce certificates of qualifications for scrutiny--Petitioner's initial appointment order showed that proper scrutiny was made by the appointing Board--No doubt about petitioner's qualifications having been expressed for a period of thirty years for which he served the department, objection as to his qualifications after such a long time would not be justifiable, especially where respondent had failed to show any cover of rule to justify such objection--Such objection on the face of it appeared to be unsustainable and could not come in the way of petitioner who otherwise appeared to be entitled to move-over. (c) West Pakistan Local Councils and Municipal Committees Servants (Retirement) Rules, 1966-- ---R. 4(a)--Retirement of Local Council servant after twenty-five years of service--Justification for--Competent Authority has been empowered in public interest, to direct retirement of Local Council servant who has completed twenty ­five years of service--Emphasis is on the fact that such action could be taken if it was in public interest--It would be in public interest to retire such servant if his record was bad or tainted--Rights of individuals could not be sacrificed on the mere assumption that such action was in public interest--Summary retirement of an employee without show-cause notice and in absence of public interest would not be justifiable act--Such retirement offended against the rule laid down by Supreme Court in case reported as P L D 1987 SC 304,…

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