Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Constitution of Pakistan (1973), Arts 212 & 199---Seniority---Dispute relating to seniority of civil servant, could only be raised before Service Tribunal which had exclusive jurisdiction in such matter by virtue of Art. 212 of the Constitution of-Pakistan (1973). (b) Punjab (Buildings and Highways) Sub-Engineers Professional Examination Rules, 1972--- ----Rr. 3, 4 & 5---Punjab Communication and Works Department (Engineering, Post Qualification and Conditions for Recruitment) Rules, 1985---Promotion---Promotion to post of Assistant Engineer was to be made on basis of seniority-cum-fitness---Civil servants could agitate their claim before relevant authorities after dispute with respect to seniority was finally decided by Service Tribunal. Rashid Malik for Petitioners. Abdus Sattar Najam, A.-G. for Respondent No. 1. Dr. A. Basit, Ch. Mushtaq Masood and Zafar Ullah Khan for other Respondents. Date of hearing: 21st December, 1993. JUDGMENT This judgment will also dispose of the connected Writ Petition No.5489-91 as common questions of law and facts are involved in both the petitions. 2. Ch. Mehdi Khan and S. Tasawar Hussain petitioners joined the Communication and Works Department, Government of Punjab as Sub-­Engineers in Grade-11 on 18-12-1968 and 13-12-1966 respectively. The posts of Sub-Engineers, it is stated, were upgraded to NPS-16 and with a view to fill the upgraded posts, Punjab (Buildings and Highways) Sub-Engineers Professional Examination Rules, 1977 were framed and promulgated. Rule 3(1) of these rules provided that the posts of Sub-Engineers in NPS-16 shall be filled on the basis of seniority-cum-fitness. Sub-rule (2) of Rule 3 laid down that no Sub Engineer shall be eligible for being placed in NPS-16 unless he had at least ten years service in the department as a Sub-Engineer in lower scale and had passed the examination prescribed by the Rules. Sub-rule (3) of rule 3 provided that in case any Sub-Engineer failed to get placed in higher pay scale as mentioned in sub-rule (2) on account of not having passed the professional examination and his junior was placed in NPS-16, the former…

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