| Citation(s) |
|---|
| 1997 SLG 733 1997 SLD 733 1997 SCMR 1120 |
Supreme Court of Pakistan
Civil Petition No. 1291-L of 1996, decision dated: 24-11-1996
ZIA MAHMOOD MIRZA AND MUKHTAR AHMED, JUNEJO, JJ
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Civil Petition No. 1291-L of 1996, decision dated: 24-11-1996
ZIA MAHMOOD MIRZA AND MUKHTAR AHMED, JUNEJO, JJ
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WAPDA and others
VS
ALLAH DITTA
Law:
Section:
Water and Power Development Authority Accounts Service Rules, 1968--Appendix A, Item 7---Constitution of Pakistan (1973), Art.212(3)--Petitioner's placement in BPS-15 with effect from 23-12-197&--Service Tribunal found that condition of clearing departmental examination stood relaxed in petitioner's case and that length of service and Annual Reports too were not points in issue and that he was entitled to benefit of selection grade in BPS-15 with effect from 18-2-1984---Validity---Respondent had admitted that he had not passed departmental examination till today but he had heavily relied upon office order of specified date to contend that he had been regularized by said office order and as such he was not required to pass departmental examination---Leave to appeal was granted to consider whether respondent was entitled to be placed in BPS-13 and BPS-15 with effect from dates mentioned in impugned of Service Tribunal although he had not passed departmental examination prescribed for the post which he was holding. Syed Iftikhar Ahmad, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Muhammad Asghar Malik, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for the Caveator. Date of hearing: 24th November, 1996. JUDGMENT ZIA MAHMOOD MIRZA, J.---Respondent joined WAPDA as Divisional Accountant (Emergency Cadre) on 1-6-1995. Vide office order dated 5-12-1983, he was promoted in the regular scale of Divisional Accountant with effect from 15-3-1975 in relaxation of the provision of Item 7 of Appends "A" of WAPDA Accounts Service Rules. 1968. It appears that by an earlier office order dated 29-10-1980, the existing regular Divisional Accountants (N.P.S-12) were placed in N.P.S.13. "subject to their having cleared the Departmental Examination prescribed for the post and length of Service and Dossiers being Above Average". By yet another order dated 18-12-1984, 50% of posts in B-13 held by qualified Divisional Accountants were placed in B-15 with immediate effect. By still another order dated 11-11-1993, Emergency Cadre was abolished and it was provided that after the grant of regular scale to Divisional…
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