Case Details

Citation(s)
1996 SLG 239 1996 SLD 239 1996 SCMR 1161
Supreme Court of Pakistan
Civil Petition No:862-L of 1995, decision dated: 18-10-1995. On appeal against the judgment of the Punjab Service Tribunal, Lahore, dated 18-4-1995 passed in Appeal No. 129 of 1992
AJMAL MIAN AND ZIA MAHMOOD MIRZA, JJ
Hafiz.Tariq Nasim, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners. Lal Khan, Advocate Supreme Court and S. Abul Asim Jafri, Advocate-on-Record for
Respondent No. 1. Walayat Umar Chaudhry, Advocate Supreme Court for

MUHAMMAD ANWAR RAHI and anothers

VS

MUHAMMAD AFZAL KHAN and 4 others

Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--------6---Constitution of Pakistan (1973) Art.212(3)---Promotion--­Recommendation of Departmental Promotion Committee---Disapproval by Services and General Administration Department-=-Effect---Services and General Administration Department had no power to approve or disapprove recommendation of Departmental Promotion Committee---Secretary of the concerned Department alone was. competent to consider recommendation of Departmental Promotion Committee---Service Tribunal had rightly remitted civil servants' case to concerned Secretary of the Department for passing appropriate orders on recommendation of Departmental Promotion Committee---Judgment of Service Tribunal did not merit interference by Supreme Court---Leave to appeal was refused in circumstances. ORDER ZIA MAHMOOD MIRZA, J.--- Petitioners Muhammad Anwar Rahi and Muhammad Aslam have filed this petition to seek leave to appeal against the judgment of the Punjab Service Tribunal, Lahore, dated 3-5-1995 whereby service appeal of Muhammad Afzal Khan respondent No. l has been allowed arid the case remanded to the Secretary, Agriculture Department, Government of Punjab for passing appropriate orders on the recommendation of the D.P.C. 2. Facts necessary for the disposal of this petition, briefly are that the petitioners and respondents Nos. l, 4 and 5 were all Agriculture Assistants and their next promotion was to the post of Extra-Assistant Director, Agriculture (E.A.D.A.). Under the rules, promotion to the post of E.A.D.A. was to be made on the basis of selection irrespective of seniority subject, however, to the condition that only the Agriculture Assistants having three years' experience in economics and marketing were eligible for promotion. It appears that seven posts of E.A.D.A. in promotion quota fell vacant and a reference was accordingly made to the Punjab Public Service Commission for promotion of seven Agriculture Assistants. Name of Muhammad Afzal Khan respondent was mentioned at Serial No.6 or the list of eligible candidates, but only four Agriculture Assistants were selected presumably for the reason that other three…
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