Law:

Section:

(a) Civil service-------Appointment---Order of appointment, held, could clothe appointee with rights only if it was competently passed and not otherwise. (b) Civil service--- ----Promotion---Officer who had duty to act on advice of Promotion Committee for granting promotion to eligible officer, promotions without such advice including that of petitioners, after relaxing age limit of some of them for which he was not competent---Taint, from which appointment of petitioners suffered would clothe them with no right to be heard and their appointment would only be treated ad hoc and not regular---Such appointment could always be substituted by regular appointments. Islamic Republic of Pakistan v. Israrul Hao and 23 others PLD 1981 SC 531. ref. (c) Civil Servants Act (LXXI of 1973)--- ----S.21, proviso---Representation with regard to legality of promotion and its nature, held, was not hit by proviso to S.21 and Department could deal with it. JUDGMENT SHAFIUR RAHMAN, J.---The petitioners seek leave to appeal against the judgment of the Lahore High Court, dated 25-5-1987 whereby Revision petition arising out of a Civil Suit was allowed and the suit filed by the petitioners was dismissed reversing the judgments of the two Courts below. 2. The Commissioner of Lahore Division by an order, dated 16-9-1975 made certain promotions including that of the petitioners relaxing the age limit in favour of some of them. The Board of Revenue on a number of representations received against this order found the following two defects in it,--- "(i) Commissioner, Lahore Division was not competent to grant relaxation of age in favour of Messrs Inayat Ullah, Abdul Majid, Bashir Ahmad, Ghulam Rasool, Muhammad Jamil, Nawab Din, Muhammad Hussain and Nawazish Ali Shah, in view of the embargo imposed by the Government of the Punjab in the Services and General Administration Department vide their letter No.SOR.II (S&GAD) 4-37/74, dated 17-7-1975 read with their letter No.SORI (S&GAD) 9-20/75, dated 5-11-1975. (ii) The promotion case should have been proceeded through the Departmental Promotion Committee, as required in Govt. of the Punjab, Services, General Administration Department's…

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