| Citation(s) |
|---|
| 1989 SLG 2249 1989 SLD 2249 1989 PLC 522 |
Service Tribunal, N.W.F.P.
Appeal No. 145 of 1988, decided on 25th March, 1989.
MALIK MUHAMMAD PERVEZ KHAN, CHAIRMAN AND TAJ MUHAMMAD KHAN, MEMBER
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Appeal No. 145 of 1988, decided on 25th March, 1989.
MALIK MUHAMMAD PERVEZ KHAN, CHAIRMAN AND TAJ MUHAMMAD KHAN, MEMBER
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IJAZ HUSSAIN
VS
SECRETARY, MINISTRY OF HEALTH AND POPULATION WELFARE DEPARTMENT and 3 others
Law:
Section:
North-West Frontier Province Service Tribunals Act (I of 1974)- ---S.4--Service Rules, when to be retrospective--Appellant appointed as Projectionist on 3-4-1968 in BPS-8 and confirmed as such on 30-6-1981-Appellant was apprised in 1986 that his qualifications not being upto the standard prescribed in the Rules framed for his job, he could not be retained in service in BPS-8 and that he could opt for BPS-1--Held, Rules framed in 1986 could not be retrospective in effect and thus not applicable to the case of appellant--Law or the Rules are made for the benefit of its subject/employees and as such could not in any way affect the interest of the subject adversely, provided it was explicitly embodied in the rules that those were retrospective m nature--Authority directed to allow appellant to work as Projectionist in the circumstances. Amir Hussain Abbasi for Appellant. Fazal Gul for Respondents. Date of institution: 16th October, 1988. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant assailed the impugned order dated 8-10-1988 vide which he was asked to opt for BS-1 or to be prepared for retirement as he does not fulfil the qualifications prescribed for the posts of Projectionist falling in BS-8. According to him he joined the service under the respondents on 3-4-1968 in the Pay Scale of Rs.16-7-188 now equivalent to BPS-8. He was posted at Abbottabad and continued serving the department when on 30-6-1981 the service of the appellant was confirmed/regularized and a departmental selection committee was constituted to probe into the matter and recommend about the suitability of the incumbents of the different cadres. He appeared before it and was declared fit. Those who were not recommended by the said committee were later on removed from service. In March, 1985, a notification was issued which does not contain the name of the appellant and 5 other persons and a letter was addressed to the Provincial authorities by respondent No.4 recommending the appellant and others. However the name of the appellant did appear in the seniority list at S.No.2 published in the year, 1984 and the same was the position in the final seniority list released by the…
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