| Citation(s) |
|---|
| 1996 SLG 251 1996 SLD 251 1996 PLD 837 |
Supreme Court of Pakistan
Civil Petitions Nos. 207-P and 209-P of 1995, decision dated: 20-05-1996.(On appeal from the judgment dated 10-4-1995 of the Peshawar High Court, Peshawar, passed in Writ Petitions Nos. 488/93 and 452/93).
FAZAL ILAHI KHAN AND RAJA AFRASIAB KHAN, JJ
Malik Aamer Saeed, Additional Advocate General, N.W.F.P., Peshawar and HaJi Abdul Qayyum, Advocate-on-Record (absent) (in C.P. No. 207 of 1995). Nemo (in C.P. No. 207 of 1995). Malik Aamer Saeed, Additional Advocate General, N.W.F.P. Peshawar (in C.P. N
Civil Petitions Nos. 207-P and 209-P of 1995, decision dated: 20-05-1996.(On appeal from the judgment dated 10-4-1995 of the Peshawar High Court, Peshawar, passed in Writ Petitions Nos. 488/93 and 452/93).
FAZAL ILAHI KHAN AND RAJA AFRASIAB KHAN, JJ
Malik Aamer Saeed, Additional Advocate General, N.W.F.P., Peshawar and HaJi Abdul Qayyum, Advocate-on-Record (absent) (in C.P. No. 207 of 1995). Nemo (in C.P. No. 207 of 1995). Malik Aamer Saeed, Additional Advocate General, N.W.F.P. Peshawar (in C.P. N
SECRETARY TO GOVERNMENT OF N.W.F.P. and ANOTHERS
VS
MUHAMMAD NAWAZ and another
Law:
Section:
Civil service ------ Promotion --- Order passed promoting civil servants --- Withdrawal of promotion order subsequently --- Validity --- Civil servants on recommendation of Departmental Promotion Committee, were allowed B.P.S. 11 on passing of Grade-B Examination as per requirement of Service Rules --- Promotion Order was withdrawn in consequence of cancellation of departmental Grade-B Examination for reasons that such examination was in violation of relevant rules --- High Court while considering such facts was justified in holding that respondents did not appear in earlier examination on account of having not been informed and no opportunity was provided to them to appear in that examination; that department being conscious of such fact had conducted subsequent examination in which civil servants were successful and on that basis promoted --- Department, held, was not entitled to cancel such examination and recall promotion order in circumstances. ORDER FAZAL ILAHI KHAN, J.-- Leave to appeal is prayed for in these two petitions bearing Nos.207-P/95 and 209-P/95 arising out of common judgment of the learned Peshawar High Court, Peshawar passed on 10-4-1995 in Writ Petitions Nos.488/93 and 452/93. 2. Respondents who are the employees of the petitioners having completed 10 years' service as Work Munshies appeared in examination held for the second time in same year on 16/17-2-1983 having passed the examination were promoted vide order dated 20-3-1993. Subsequently, the examination was cancelled and the respondents were ordered to be reverted to the original post of Work Munshies in the department vide order dated 10-6-1993. Respondents feeling aggrieved filed Writ Petitions in the Peshawar High Court and those were allowed. The office order dated 6-3-1993 was set aside vide order dated 10-4-1995 against which leave to appeal is prayed for. 3. it was contended by the learned counsel appearing for the petitioner that per rules contained in the Syllabus for the promotion of Work Munshies (BPS-5) to the post of Sub-Engineer (BPS-11), the Work Munshies will be entitled to appear in the departmental examination for promotion to the post of Sub-Engineer after…
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