Law:

Section:

(a) North-West Frontier Province Engineering Service (Building and Road Department, Irrigation Department and Public Health Engineering Department) Rules, 1973---R. 3---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted against the order of Service Tribunal on the ground that N.W.F.P. Engineering Service (Building and Road Department, Irrigation Department and Public Health Engineering Department) Rules, 1973 envisaged two separate cadres i.e. one general cadre comprising Chief Engineers, Superintending Engineers, Executive Engineers mentioned in Sched. I appended to the Rules and the other sub-cadre of specialised posts such as Principal Engineers, Project Managers and Senior Engineers under Sched. 11 and that respondents belonged to separate cadres, and therefore, the names of the respondents could not be included in the seniority list of the petitioner's cadre (b) North-West Frontier Province Engineering Service (Building and Road Department, Irrigation Department and Public Health Engineering Department) Rules, 1973--- ----R. 3---Distinction between the cadre posts and sub-cadre posts would not lead to the conclusion that there were two different categories---Expression "sub-cadre posts" itself connotes that it is part of the cadre and not a separate entity by itself. Salimullah Khan and 10 others v. Raqib Khan and 15 others 1989 SCMR 1879 distinguished. K.M.A. Samdani, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants. M. Jamil Khan, Advocate Supreme Court and Hafiz M.A. Qayyum Mazhar, Advocate-on-Record (absent) for Respondents Nos. 1 to 3. S:M. Zafar, Senior Advocate Supreme Court, S. Zahid Hussain, Advocate Supreme Court and S. Safdar Hussain, Advocate-on-Record for Respondents Nos. 4 and 5. Date of hearing: 3rd March, 1998. JUDGMENT SH. RIAZ AHMAD, J.---These three appeals through leave of this Court are directed against the judgment dated 15-4-1996 whereby the appeals preferred by the appellants were dismissed. Before touching the facts giving rise to the institution of these appeals, it will be appropriate to narrate the background in which the appellants litigated, 2. One Mubarik Ali, who was a…

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