| Citation(s) |
|---|
| 1999 SLG 424 1999 SLD 424 1999 SCMR 1947 |
Supreme Court of Pakistan
Civil Appeal No.737 and Civil Petit-ion No. 260 of 1993, decision dated: 3rd March 1999. (On appeal against the order dated 29-4-1993 of the Federal Service Tribunal, Islamabad in Appeals Nos. 500 and 501-R of 1990)
AJMAL MIAN CJ, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Kh. M. Farooq, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellant (in C. A. No. 737 of 1993). Petitioner in person (in C.P. No. 260 of 1993). Yawar Ali, Deputy Attorney-General and Ch. Akhtar Ali, Advocate on-Record for Respon
Civil Appeal No.737 and Civil Petit-ion No. 260 of 1993, decision dated: 3rd March 1999. (On appeal against the order dated 29-4-1993 of the Federal Service Tribunal, Islamabad in Appeals Nos. 500 and 501-R of 1990)
AJMAL MIAN CJ, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Kh. M. Farooq, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellant (in C. A. No. 737 of 1993). Petitioner in person (in C.P. No. 260 of 1993). Yawar Ali, Deputy Attorney-General and Ch. Akhtar Ali, Advocate on-Record for Respon
AHMED ALI and another
VS
SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others
Law:
Section:
Service Tribunals Act (LXX of 1973)--S. 4 --- Recruitment Rules, 1980 [as amended on 15-5-1990] --- Constitution of Pakistan (1973), Art. 212 --- Promotion against quota of promotees-'--Civil servants, serving as Assistant Engineers (B-16) had challenged direct ad hoc appointment of opposing civil servants as Assistant Executive Engineers (B-17) against quota reserved for promotees --- Grievance of civil servants was that as under Recruitment Rules, 1980, 50% of posts of Assistant Executive Engineers (B-17) were to be filled by promotees and remaining 50% by direct recruitment, civil servants were eligible for promotion as Assistant Executive Engineer (B-17) on completion of 3 years' service in B-16, as Assistant Engineer--Validity --- Recruitment Rules, 1980 were amended prior to direct ad hoc appointment of opposing civil servants as Assistant Executive Engineer (B-17) and as per amendment, quota of promotees was reduced from 50% to 20% for promotion and 80% of posts were reserved for direct recruitments --- Recruitment Rules, 1980 having been amended in accordance with law by Competent Authority, promotion policy and fixation of quota between direct recruits and promotees was to be regulated by. Competent Authority on basis of said amended rules and civil servants could not claim right of promotion as said right had been taken away by amended Rules. Ch. Muhammad Insha Allah and others v. Chief Conservator of Forest's (P&E), Punjab and others PLD 1988 SC 155 and Mushtaq Ahmad Mohal and others v. The Honourable Lahore High Court, Lahore and others 1997 SCMR 1043 ref. JUDGMENT SH. RIAZ AHMED, J.---Both the above appeal and the petition filed by Ahmed. Ali appellant and Fida Hussain petitioner are directed against the judgment and order, dated 1-4-1993 delivered by the Federal Service Tribunal whereby their appeals claiming promotion against the quota of promotees were dismissed. 2. The facts of the case are that on 25-10-1971 appellant Ahmed Ali joined the Public Works Department, Northern Areas in the capacity of Sub-Engineer. On 25-10-1984 he was promoted as Assistant Engineer (B-16). Fida Hussain petitioner was appointed as such on 25-4-1984. Under the…
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