Law:

Section:

Civil service-------Promotion---Civil servant who joined as "Assistant Executive Engineer" in B-17, during course of his service had become eligible to be promoted to post of XEN (Executive Engineer) as he had passed departmental examination which was prerequisite for promotion to post of Executive Engineer---Opposing civil servant who also joined as Assistant Executive Engineer alongwith civil servant, was promoted to Executive Engineer, but civil servant was superseded despite he was senior to opposing civil servant and was fully qualified to be promoted---Passing of departmental examination which was a condition precedent for promotion to the post of Executive Engineer having fully been fulfilled by civil servant, he was entitled to be considered for promotion to that post. Hafiz S.A. Rehman for Appellant. Khalid Abbas Khan, Federal Counsel for Respondent-Department alongwith Liaqat Ali, S.O. Works Division. F.E. Siddiqui for Private Respondent. Date of hearing: 29th May, 1996. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---This judgment will also dispose of similar Appeals No. 28(R) of 1996, No. 110(R) of 1996 and No. I15(R) of 1996 as identical question of law and fact are involved in all these appeals. 2. The brief relevant facts are that the appellant joined Pakistan P.W.D. as Assistant Executive Engineer (B-17). At that time the Recruitment Rules of 1984 (hereinafter called the said Rules) were applicable to his cadre. Rule 7 (officially called para. 7) of the said Rules is relevant for the present discussion which reads: "7. Persons recruited direct, shall be required to pass the prescribed departmental examination within the maximum period of 4 years of their joining the service with a maximum of 5 chances. Failure to do so shall render the person concerned ineligible for holding the post in the service." The said rule was partly reproduced as condition No.7 of his appointment order dated 4-9-1988 in these words:- "(vii) He will be required to pass the prescribed Departmental Examination within a period of 4 years and with maximum five chances. " 3. The said (para. 7 of the said Rules) was deleted by Notification dated 22-7-1989 as follows:- "Para. 7 of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492