Law:

Section:

Civil service--- ---- Reversion---Civil servant working as Head Clergy, was given charge of C.M.I./B-16 pending D.P.C./Selection and thereafter he was cleared for promotion by D.P.C. and his name was placed alongwith others on approved panel in order of seniority---Later on his promotion as C.M.I./B-16 was cancelled by General Manager (Personnel) and he was reverted on ground that he was not due for promotion as C.M.I./B-16 according. to his category quota---At time civil servant was promoted as C.M.I./B-16, 10% quota was reserved for Head Clerks and civil servant also had qualified Departmental Examination; but subsequently rules were amended raising quota from 10% to 12%---Appointment of civil servant as C.M.I./B-16 showed that he was senior and his case was covered under prescribed quota of 10% for Head Clerks and subsequent amendment in rules raising quota from 10% to 12%, could not have retrospective effect---Even otherwise civil servant who had cleared his Departmental Examination prior to opposing civil servant, was eligible for consideration for promotion as C.M.I./B-16---Vested right having been created in favour of civil servant, his appointment could not be revoked or rescinded and he could not be reverted arbitrarily without serving any show­ cause notice---Order of reversion of civil servant, which was void ab initio, could not-be sustained. Appellant in person. Ch. Rashid Ahmed for the Pakistan Railways. Date of hearing: 9th March, 1995. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---Appellant Mr. MA. Hakeem was working as Head Clerk, D.S. Office (Commercial Branch), Sukkur. By order dated 9-7-1987, he was appointed to officiate as Commercial Inspector, pending D.P.C./selection, and was posted as such vice Mr. Maqbool Ahmed Khokhar who was reverted as Claims Inspector. By order dated 7-2-1993 he was cleared for promotion by the D.P.C. and his name was placed alongwith others on the approved panel in order of seniority. The appellant was appointed to officiate as CMI/B-16 'on clearance by the D.P.C., and was posted at Karachi Port against an existing vacancy by order dated 10-3-1993. A provisional seniority list of Commercial Inspectors/B-16 was…

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