Law:

Section:

Punjab Labour Department Service Rules, 1987-- ---Sched, Item No. 17--Punjab Civil Servants Act (VIII of 1974), S. 23-­Constitution of Pakistan (1973), Art. 199--Post of Labour Inspector-­Qualifications for direct appointee to the post of Labour Inspector specified to be F.A./ F.Sc. (Second Division) and through promotion on basis of seniority-cum­-fitness, from amongst Senior Clerks who were intermediate in the functional unit; with at least five years' experience--Petitioners, Senior Clerks who were in service prior to the introduction of new Rules, claiming to have vested right to be promoted as Labour Inspectors in accordance with defunct Rules, challenged new Rules especially relating to educational qualifications, as derogatory to their vested right and hence not applicable to them--Legality--Petitioners had no vested right to be promoted on the basis of Rules which no longer were applicable--Governor, in the exercise of rule-making powers was competent to amend any rule which in his opinion appeared to be necessary or expedient-­Petitioners were rightly not considered for promotion as they did not fulfil the prescribed academic qualifications--Petitioners having failed to implead those of their colleagues, who had been promoted because of having requisite qualification, their Constitutional petition was liable to be dismissed on that score--Constitutional petition although related to terms and conditions of service was yet admitted because at the relevant time Service Tribunal was not functioning due to lack of appointment of its Chairman. A, B, C & D Ch. Muhammad Insha Ullah v. The Chief Conservator of Forests P L D 1988 S C 155; Black's Law Dictionary, 5th Edn. (1979); Miss Rifat Parveen v. Selection Committee P L D 1980 Quetta 10; Jibendra Kishore Achharyya Chowdhury v. The Province of East Pakistan P L D 1957 S C (Pak.) 9; Government of West Pakistan v. Fida Muhammad Khan P L D 1960 S C 45; Central Board of Revenue, Government of Pakistan v. Asad Ahmad Khan P L D 1960 S C 81; Province of West Pakistan v. Muhammad Akhtar P L D 1962 S C 428; Manzar Ahmad v. Muhammad Ishaq P L D 1964 S C 17; Muhammad Umar Malik v. Federal Service Tribunal and others…

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