Law:

Section:

Civil servicePromotionEntitlementEmployees who originally were appointed as `Overseers', late' on were promoted as `Assistant Engineers'Coemployee who was promoted as Assistant Engineer after about five years from promotion of said employees, had objected to promotion of employees­Employees had basic qualification of Matriculation and were equipped with qualification of three years Diploma of Engineering whereas coemployee was simply a matriculate without any diploma of EngineeringEmployees after their promotion as Assistant Engineers by competent Authority, had been serving Department for the last about 25 years Held , when order of promotion passed by competent Authority was implemented and remained is operation for a number of years, it could not be recalled by Authority making it as right which had accrued to employees by appointment to a post and that appointment remaining operative for a number of years, same could not be taken back from themEven if any lapse was committed by Department in appointing employees, they could not be made to suffer for Departmental inefficiency. Syed Afzal Hussain Naqvi v. The Government of the Punjab and others 1985 PLC (C.S.) 133; Shahbaz v. The Crown PLD 1955 FC 46; Lt.Col. G.L. Bhattacharya v. The State PLD 1964 SC 503; Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; State v. Muhammad Ismail 1980 SCMR 268 and Sardar Muhammad Ilyas Khan v. Azad Government and others 1990 PLC (C.S.) 598 ref. JUDGMENT RAJA BASHIR AHMAD KHAN (CHAIRMAN). This appeal has been directed against the Notification No. SLG/616380, dated 28111992 whereby accepting the review petition of -Respondent No. 2, -Respondent Government declared that seniority list issued under Government Order No.SLG/443957/91, dated 2111991 was not final and the original seniority of parties as Overseers would be final and on the basis of that seniority the case of promotion of Assistant Engineers be presented before Selection Board. 2. Briefly stated the facts are that appellant Mr. Muhammad Muskeen, appellant Mr. Sarfraz Ali and -Respondent No. 2 Mr. Muhammad Fazal joined the Department of Local Government as Overseers…

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