Case Details

Citation(s)
1997 SLG 861 1997 SLD 861 1997 PLC 547
Federal Service Tribunal, Islamabad
Appeal No. 259(L) of 1996, decision dated: 6-01-1997.
ROSHAN ALI MANGI AND NASIM SABIR SYED, MEMBERS INAYATULLAH

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VS

CHIEF ENGINEER (THERMAL), WAPDA, FAISALABAD and 2 others

Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)S. 17(1A)Service Tribunals Act (LXX of 1973), S. 4Employees of WAPDAClaim of nonMatriculates to be placed in B16Entitlement­Authority's Memo dated 3051991 on which appellants were basing their claim indicated that those who would possess three years' diploma would be eligible to be placed in B16 if they would possess service experience of 10 years and also pass departmental examination while "others" referred to in memorandum in question, who were not three years' diplomaholders, should possess equivalent academic qualification so as to be treated at par with three years' diplomaholders, in order to become eligible for B16­NonMatriculates (like appellant) could not be academically made equivalent to three years' diplomaholders to become entitled to be placed in B16In earlier Memorandum dated 1441984, nonMatriculates were stated to be not entitled to placement in B16Placement of appellant in B16 vide order dated 4101993 with effect from 1671977 pursuant to office letter dated 3051991, was wrong and due to error, for he was not entitled to be placed in B16 under relevant riles as he was nonMatriculateSuch order was, thus, rightly cancelled vide letter dated 1321994Deputy Director who had issued letter of promotion in question, was not competent to issue such letter, therefore, same was illegalAppeal being without substance, appellant was not entitled to relief claimed. Mian Mahmood Hussain for Appellant. Mian Fida Hussain with Muhammad Hafeez Senior Superintendent, Office of Chief Engineer, Thermal, Faisalabad for Respondents. Date of hearing: 19th December, 1996. JUDGMENT ROSHAN ALI MANG (MEMBER).The facts leading to this service appeal as stated in the memo. of appeal are that the appellant Inayatullah was initially appointed as SubStation Operator GradeII on 21101964 and promoted to the post of SubStation Operator GradeI on 11101973. He got training in the years 1977 and 1983 and have rendered the service of 32 years to WAPDA. 2. The WAPDA allowed promotion in B16 to 25% posts vide letter dated 1671977. This percentage subsequently was enhanced to 33%. 3. It was agreed with the Collective…
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