| Citation(s) |
|---|
| 1995 SLG 1414 1995 SLD 1414 1995 PLC 673 |
Service Tribunal, Punjab
Appeal No. 551 of 1993, decided on 12th December, 1994.
AKHTAR HASSAN, CHAIRMAN
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Appeal No. 551 of 1993, decided on 12th December, 1994.
AKHTAR HASSAN, CHAIRMAN
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SALAMAT ALI
VS
SECRETARY TO GOVERNMENT OF THE PUNJAB, HOME DEPARTMENT, LAHORE and another
Law:
Section:
Civil service--- ----Reversion---Civil servant at relevant time was working as Budget and Accounts Officer in BS-17 whereas co-civil servant was working as Store Superintendent in BS-11 ---Co-civil servant's appeal in which he sought to be placed in BS-15 was dismissed by Service Tribunal, but Supreme Court on filing appeal by co-civil servant against order of Service Tribunal, found, co-civil servant entitled to be placed in BS-15---While implementing order of Supreme Court, Authorities not only placed co-civil servant in BS-15, but also placed him senior to civil servant---Authorities also reverted civil servant to post held by co-civil servant whereas promoted co-civil servant to post held by civil servant without hearing civil servant before such charge ---Co-civil servant not only lacked 5 years experience to post in which he was promoted after reverting civil servant, but co-civil servant was also junior to civil servant not less than 13 years so far as initial appointment was concerned---Order reverting civil servant passed without affording him any opportunity of hearing, " as uncalled for and could be struck down on that ground alone. PLD 1983 SC 436; Muhammad Ashraf v. Dr. Muhammad Zaman etc. 1994 SCMR 249; Khizar Hayat etc. v. Muhammad Rafique etc. 1987 SCMR 78; M.D. Mal Laila Muhammad v. Collector, D.I. Khan PLD 1983 SC 431; Muhammad Iqbal Khokhar v. The Government PLD 1991 SC 35 and 1994 SC 1033 ref. MA. Riaz for Appellant. Manzoor Hussain, District Attorney for Respondents Date of hearing: 30th August, 1994. JUDGMENT The appellant, Salamat Ali was Budget and Accounts Officer(BS-17) while respondent Hafeez-ur-Rehman was Store Superintendent (BS-11). The latter brought an. appeal before the Tribunal claiming that, like other Superintendents, he might be placed in BS-15. His appeal was dismissed by the Tribunal on 11-2-1988. He preferred an appeal before the Supreme Court and the same was, of course, allowed vide the judgment dated. 6-5-1992. It was observed therein that Superintendents whether of Stores, Accounts, or Administration were all like and that he too was entitled to BS-15. Consequently he was placed in BS-15. 2. While implementing the…
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