| Citation(s) |
|---|
| 1999 SLG 530 1999 SLD 530 1999 SCMR 2554 |
Supreme Court of Pakistan
Civil Appeal No. 1428 of 1996, decision dated: 2-03-1999. (On appeal from the judgment dated 10-1-1996 passed in Writ Petition No. 13152 of 1994 by Lahore High Court, Lahore)
AJMAL MIAN, C.J, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Mirza Masood-ur-Rehman, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (absent) for Appellants. Arif Saeed, Advocate High Court (on Special Permission) and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for
Respondent No. 1. M. Ismail Qur
Civil Appeal No. 1428 of 1996, decision dated: 2-03-1999. (On appeal from the judgment dated 10-1-1996 passed in Writ Petition No. 13152 of 1994 by Lahore High Court, Lahore)
AJMAL MIAN, C.J, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Mirza Masood-ur-Rehman, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (absent) for Appellants. Arif Saeed, Advocate High Court (on Special Permission) and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for
Respondent No. 1. M. Ismail Qur
VS
SAMIULLAH and others
Law:
Section:
Pakistan Railways Personnel Manual--Rr. 79 & 157---Constitution of Pakistan (1973), Arts. 185 & 199--Reservation of 4 % of quota for promotion to post of Group Inspector of Special Ticket Examiners from Head Ticket Collectors---Validity---General Manager, Pakistan Railways, by virtue of Rr. 79 & 157 of Pakistan Railways Personnel Manual, called out 4 % quota for Head Ticket Collectors for promotion to post of Group Inspector of Special Ticket Examiners---Said action of General Manager was assailed through Constitutional petition before High Court, which petition was accepted and decision of General Manager was declared to be illegal and original 100 % quota reserved for Group Inspector of Special Ticket Examiners was- restored---Action of General Manager, Railways was for the reason that prior to allocation of such quota of 4 % , Head Ticket Inspectors were not entitled to promotion as Group Inspector of Special Ticket Examiners and in order to avoid such hardship and to provide prospects of promotion to them, General Manager called out 4 % quota for Head Ticket Inspectors--Order passed by General Manager, Pakistan Railways who was empowered under Rr. 79 & 159 of Pakistan Railways Personnel Manual to make rules in respect of non-gazetted Railway servants, reserving 4 % quota was within his competence and High Court was not justified to undo the same---High Court could not direct General Manager, Pakistan Railways to upgrade post of Head Ticket Collectors in exercise of Constitutional jurisdiction, in absence of any statutory provisions. JUDGMENT AJMAL MIAN, C.J.---This is an appeal with leave of this Court against judgment dated 10-1-1996 passed by a learned Single Judge of the Lahore High Court in Writ Petition No. 13152 of 1994 filed by the respondents challenging the reservation of 4 % from the quota of promotion against the post of GISTEs allowing the same as follows:-- '(8) The writ petition is partly accepted. The decision of the respondents/department for creating 4 % quota for promotion to the post of GISTEs from HTIs is hereby declared to be without lawful authority and of no legal effect and the original 100% quota reserved for STEs…
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