Law:

Section:

North-West Frontier Province Civil Servants (Appeal) Rules, 1986- ----R. 3---North-West Frontier Province Civil Servants Act (XVIII of 1973), S. 22 Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Appeal against promotion---Competency-Order of promotion, whether falls within the ambit of terms and conditions of service and thus appealable­ Promotion of petitioner in BPS-15, on regular basis---Appellate Authority set aside promotion of civil servant---Validity---Competent Authority had promoted civil servant on regular basis not because service conditions were changed or rules altered but because his rival was not found on record, fit to be promoted---Fitness or otherwise to hold a particular post or to hold higher post would not fall within the terms and conditions of service, therefore, no appeal would lie either under S. 22, Civil Servants Act, 1973, against the order passed by Competent Authority or under R3, North-West Frontier Province Civil Servants (Appeal) Rules, 1986---Order of Competent Authority which considered fitness or otherwise of official to hold a higher grade, never pertained to terms and conditions of service and was, thus, not appealable before next higher Authority---Order passed by Appellate Authority was, thus, without jurisdiction and lawful Authority---Order of Appellate Authority was set aside and that of Competent Authority whereby civil servant was promoted on regular basis was restored. Khalil-ur-Rehman v. Government of Pakistan PLD 1981 Kar. 750; Syed Badruddin and others v. Government of N.W.F.P, PLD 1994 SC 345 and Muhammad Anees v. Abdul Haseeb etc, PLD 1994 SC 539=1994 PLC (C.S.) 931 ref. JUDGMENT SARDAR MUHAMMAD RAZA, J: --The Departmental Promotion/Selection Committee of the Officers of District Administration, D. I. Khan held a Session on 29-12-1991 regarding the promotions etc. of various officials. It was chaired by the Deputy Commissioner while a representative of Secretary, Board of Revenue, Peshawar and Acting Assistant Commissioner were the members thereof. 2. At the conclusion of the Session, Iqbal Ahmad Khan was allowed promotion in BPS-15 as Stenographer on regular basis while Muhammad Akram…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492