Law:

Section:

(a) Constitution of Pakistan (1973)Art. 212Service Tribunals Act (LXX of 1973), S. 4Matters relating to terms and conditions of civil servantsJurisdictionService Tribunal under Art. 212 of the Constitution has exclusive jurisdiction in matters relating to terms and conditions of civil servantAppeal of civil servant relating to terms and conditions of his service before Service Tribunal was thus, competent. (b) Pakistan Telecommunication Corporation Act (XVIII of 1991) S. 9Employees of Pakistan Telecommunication DepartmentEnblock transfer of such employees to Pakistan Telecommunication CorporationSuch employees' status as civil servants whether to continue after joining Pakistan Telecommunication CorporationCivil servant on his transfer to Pakistan Telecommunication Corporation, carried terms and conditions of service which he was enjoying in Telecommunication DepartmentSuch terms could not be changed or varied to disadvantage of civil servant. Riaz Ahmed's case PLD 1996 SC 222; Abdul Rahim v. Pakistan Broadcasting Corporation and others 1992 SCMR 2113 rel. (c) Pakistan Telecommunication Corporation Act (XVIII of 1991) S. 9Service Tribunals Act (LXX of 1973), S. 4Employee of Pakistan Telecommunication was promoted as Accountant (B16) after qualifying T&T Accounts Service Examination, Part I & Part II in 1988 and 1989 respectivelyCompetent Authority on establishment of Pakistan Telecommunication Corporation framed rules for promotion of Accountants as Accounts Officer (B17) for which passing of departmental examination had been made compulsoryEmployee claimed to be governed by old rules and having already qualified in T & T Accounts Service Examination, claimed exemption from passing of further departmental examination­LegalityPakistan Telecommunication Corporation in an identical case pending before High Court, had taken stand that it had done away with passing of Departmental Examination for Accounts OfficersPakistan Telecommunication Corporation, therefore, could not deviate from the stand taken by it before High CourtService Tribunal directed the Corporation to place case of employee before Departmental Promotion Committee for consideration of his…

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