Law:

Section:

Service/Recruitment Rules, 1971R. 4Constitution of Pakistan (1973) Art. 199Constitutional petitionEmployee of AuthorityChange of cadre from Attendant to ElectricianEmployee having been absorbed in service, subsequent change of cadre by Office Order to the extent of reduction in rank was without lawful authorityPost of Attendant was admittedly available with Authority­Office order whereby employee's rank was reduced was declared to be without lawful authority and of no legal effect. Naveed Hashmi for Petitioner. Muhammad Amir Bhatti for Respondents. Date of hearing: 8th April, 1996. JUDGMENT The petitioner was recruited as Attendant by Rawalpindi Electricity Power Company (REPCO) on 981972 where he worked till 1980 when WAPDA took over REPCO and the company merged in WAPDA and the petitioner's services as Attendant impliedly become subject to WAPDA Service Rules. He served as Attendant till July, 1991 when the petitioner and others were rendered surplus from REPCO and were absorbed/posted in the office of Chief Engineer, GTPS, WAPDA, Kot Addu against existing vacancies vide letter dated 1571991. 2. The petitioner was relieved on 2471991 and was directed to report to Chief Engineer, G.T.P.S., WAPDA, Kot Addu for further assignment and vide office order dated 3171991 the petitioner, on his arrival, was posted as Attendant with DRE(O). On I181991 the orders dated 3171991 were withdrawn and the petitioner was posted as Electrician with XEN (E) Project. The facts narrated above were admitted by the respondents. A 3. The petitioner made an application to Secretary, WAPDA House, Lahore through proper channel for restoration of his cadre as Attendant. The said application was forwarded by Chief Engineer, G.T.P.S., Kot Addu to the Secretary WAPDA. Repeated representations were made thereafter which finally were responded vide letter addressed to him dated 2771993 wherein he was informed that change of cadre was not allowed vide Memo dated 1041990. The petitioner has impugned the decision, as communicated to him vide letter-dated 2771993. 4. The learned counsel .for the petitioner has submitted that the petitioner was originally recruited as Attendant and his posting as…

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