Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S.4--Constitution of Pakistan (1973), Arts.199 & 212--Fitness for promotion to a higher grade, sole prerogative of competent authority--Service Tribunal not competent to determine fitness for promotion to a higher grade--Art.212 of the Constitution of Pakistan (1973) ousts jurisdiction of all the Courts in respect of matters to which the jurisdiction of Service Tribunal extends--Ordinarily, to determine the validity or otherwise of Service Rules, would fall within the purview of Service Tribunal--Validity of amendment made in Service Rules touching the question of promotion, being a vested right of civil servant could be enforced through Constitutional petition. Muttaqi Hussain Rizvi v. Province of Sind and another P L D 1978 Kar. 703 and Sahibzada Farid-ud-Din Ahmad v. The Province of Punjab and another P L D 1976 Lah. 1310 ref. (b) Civil service-- ---Promotion--Public Service Commission approved civil servant for regular appointment on 10-3-1981--Government issued letter regarding regular appointment of petitioner on 31-10-1981--Service Rules affecting promotion of civil servant were amended on 17-10-1981--Factually civil servant was in service in his own pay scale on 21-6-1978, while Public Service Commission approved him for regular appointment on 10-3-1981--Delayed issuance of letter of appointment by the Government on 31-10-1981 could not be utilized against civil servant on the ground that amended Rules were enforced prior to his entry into service. (c) Civil service-- --- Martial Law Instructions [M.L.A. Zone 'A'] No.21--Regularisation of ad hoc appointment--Benefit--Martial Law Instruction issued on 8th August, 1977 directed regularization of ad hoc appointments in the manner provided in the instructions--Civil servant having joined service on 21-6-1978, his case was not covered by Martial Law Instruction No.21--Civil servants regularisation of service would have to be considered from the date when Public Service Commission approved his appointment. (d) Punjab Civil Servants Act (VIII of 1974)-- ---S.23--Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979--Preamble--Punjab…

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