Case Details

Citation(s)
1998 SLG 1185 1998 SLD 1185 1998 SCMR 88
Supreme Court of Pakistan
Civil Petitions Nos. 993, 998, 1004, 1007 and 1012-L of 1995, decision dated: 11-12-1996
ZIA MAHMOOD MIRZA AND MUKHTAR AHMAD, JUNEJO, JJ

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Ch. MUHAMMAD SIDDIQUE and 4 others

VS

DIRECTOR, SPECIAL EDUCATION and 7 others

Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--11---Constitution of Pakistan (1973), Art. 185(3)---Civil service--­Promotion---Ante-dated pro forma promotion in. B.S. 17---Petitioners challenged respondent's ante-dated promotion---Service Tribunal maintained respondent's promotion on the principle that promotee was entitled to promotion from that date when post might have fallen vacant---Validity---Respondent was admittedly transferred to the cadre in 1984, whereto, no objection was taken by petitioners and they also failed to raise any objection when respondent was later promoted---Service Tribunal had, thus, rightly maintained that petitioners were precluded by their own conduct from raising any objection at such belated stage to respondent's claim for pro forma promotion---Respondent was entitled to seek promotion with effect front date when post in question, became available and/or the date when her case was deferred by Departmental Promotion Committee--­Judgment of Service Tribunal being quite just and fair, did not suffer from any illegality---Leave to appeal was refused in circumstances. 1985 SCMR 1158 rel. S.M. Tayyab, Senior Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 11th December, 1996 ORDER ZIA MAHMOOD MIRZA, J. ---Petitioners in the captioned petitions feel aggrieved of an order of the Punjab Service Tribunal, dated 21-5-1995 whereby Service Appeal No.515 of 1990 filed by Mrs. Munawar Bashir respondent No.7 was allowed and she was declared entitled to be granted pro forma promotion to the post of Audiologist (BS-17) from 23-7-1987 and as also the consequential seniority. 2. Facts giving rise to these petitions, briefly stated, are that Mrs. Munawar Bashir Audiologist (BS-17) in the Government Middle High School for Deaf and Defective Hearing Girls, Chauburji, Lahore claimed that she was entitled to be promoted as Audiologist (BS-17) from 1987 after completing three years experience as senior Oral Mistress: Her case for promotion was placed before the D.P.C. on 23-7-1987 but it was deferred by it for "completion of certain deficiencies'. She…
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