Law:

Section:

(a) Civil service------- Rule-making power of Government---Effectiveness of Rules so framed--­Rules by Government---Government was competent to make rules in exigency of service and no exception could be taken to it---Rules so made would be binding on every civil servant. (b) Civil service--- ---- Promotion---Entitlement---Certain officers were promoted through notification as Assistant Executive Engineer (BPS-17), with immediate effect; but civil servant being Sub-Engineer was not considered for such promotion on grounds that he was junior and also he had not passed departmental examination---Civil servant admittedly had not passed departmental examination---In certain cases exemption was also granted by department to officers who had not passed departmental examination, but no such exemption was granted to civil servant and civil servant had also never applied for any such exemption---Civil servant who had not fulfilled conditions for promotion, was rightly found ineligible for promotion according to relevant rules. Abul Khair for Appellant. Date of hearing: 24th May, 1994. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN): --Appellant Mr. Fayyaz Ahmed is working as Sub-Engineer, Central Civil Division No. IV, Pak. PWD, Karachi. He has challenged the Notification, dated 24th May, 1993 Where under certain officers have been promoted as Assistant Executive Engineers (BPS-17) with immediate effect. He made representation on 26-5-1993 and in reply he was informed vide letter, dated 20th October, 1993 that the case of the appellant was not considered by the DPC as he was junior and also that he had not passed the departmental examination. The contention of the learned counsel for the appellant is that provision for the departmental examination was made later on and that at the time of appointment there was no such provision of passing the departmental examination, therefore, he being senior was to be considered for promotion. The appellant admittedly has not passed the departmental examination and in some cases exemption was also granted by the department, but in his case, no such…

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