| Citation(s) |
|---|
| 1992 SLG 683 1992 SLD 683 1992 SCMR 1388 |
Supreme Court of Pakistan
Civil Appeals Nos. 452 to 457 of 1986, decision dated: 14-05-1991(On appeal from the judgment dated 28-12-1985 of the Punjab Service Tribunal, passed in Cases Nos.825/1080, 827/1081 and 828/1082 of 1984)
MUHAMMAD AFZAL ZULLAH, C.J., SAAD SAOOD, JAN AND MUHAMMAD RAFIQ TARAR, JJ
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Civil Appeals Nos. 452 to 457 of 1986, decision dated: 14-05-1991(On appeal from the judgment dated 28-12-1985 of the Punjab Service Tribunal, passed in Cases Nos.825/1080, 827/1081 and 828/1082 of 1984)
MUHAMMAD AFZAL ZULLAH, C.J., SAAD SAOOD, JAN AND MUHAMMAD RAFIQ TARAR, JJ
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GOVERNMENT OF PUNJAB through Secretary (Services) SGA&ID and others
Rao SHAMSHER ALI KHAN, ADDITIONAL COMMISSIONER (CONS.) MULTAN and others
Law:
Section:
(a) Punjab Civil Servants Act (VIII of 1974)--S...8---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R. 14(1) and Explanation III to R.8(b)---Out of turn promotions---Claim of seniority in specific Grade over those who were senior to such promotees---Provision of S. 8, Punjab Civil Servants Act, 1974, creates eligibility for promotion to higher grade in favour of every civil servant who possessed minimum qualifications---Eligibility so created was reflected in R.14(1), Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, which made all persons holding posts in a functional unit in the same grade who possessed minimum qualifications eligible to compete for promotion---Effect of combined reading of S. 8, Punjab Civil Servants Act, 1974 and R. 14(1), Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. The two provisions, that is, section 8, Punjab Civil Servants Act, 1974 and Rule 14(1), Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, when read together would leave no room for doubt that whenever a promotion was to be made, the cases of all those who possessed the minimum qualifications for promotion were required to be considered; otherwise the word `compete' as occurring in rule 14(1) would become meaningless. Admittedly, when the respondents were granted out of turn promotions, a large number of Officers senior to them were kept out of consideration and thus out of competition as their cases were not examined by the Government alongwith those of the respondents. In the absence of any competition it was a matter in the realm of conjectures whether the service record of out of turn promotees was of such exceptional quality or the deeds done by them were of such an extraordinary feat that if they had come in competition with those who were senior to them in Grade-17 they would have scored over the latter. The cases of officers senior to the respondents (out of turn promotees) were not considered when the respondents were promoted; consequently the respondents could not be taken to have superseded the former. There was therefore, no reason why those officers who were…
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