| Citation(s) |
|---|
| 2003 SLG 807 2003 SLD 807 2003 SCMR 1 |
Supreme Court of Pakistan
Civil Appeal No. 1263 of 1995, decided on 15th May, 2001. (On appeal from judgment dated 19-3-1995 passed by the Federal Service Tribunal, Islamabad in Appeal No. 245(R) of 1994)
MUHAMMAD BASHIR, JEHANGIRI, ACTG. CJ, CH. MUHAMMAD ARIF AND MIAN MUHAMMAD AJMAL, JJ
Shah Abdur kashid, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Appellants.
Respondents. Ex parte
Civil Appeal No. 1263 of 1995, decided on 15th May, 2001. (On appeal from judgment dated 19-3-1995 passed by the Federal Service Tribunal, Islamabad in Appeal No. 245(R) of 1994)
MUHAMMAD BASHIR, JEHANGIRI, ACTG. CJ, CH. MUHAMMAD ARIF AND MIAN MUHAMMAD AJMAL, JJ
Shah Abdur kashid, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Appellants.
Respondents. Ex parte
MUHAMMAD MUSADAQ KH., ASSISTANT EXECUTIVE ENGINEER and 14 others
VS
MUHAMMAD AKRAM KHAN RAO and 80 others
Law: Central Engineering Service class Rules, 1951
Section: 21
Law: Civil Servants Act, 1973
Section: 9,22
Law: Constitution of Pakistan, 1973
Section: 212(3)
Law: Service Tribunals Act, 1973
Section: 4
(a) Central Engineering Service class-I Rules, 1951---- ----R.21 [as amended on 11-10-1984 and 12-5-1988]---Service Tribunals Act (LXX of 1973), S.4---Civil Servants Act (LXXI of 1973), S.9---Constitution of Pakistan (1973), Art. 212(3)---Promotion---Appeal to Service Tribunal--Limitation---Contention of petitioner was that appeal before Service Tribunal was barred by time as representation made on 23-6-1992 remained undecided for more than 120 days and respondent did not invoke jurisdiction of Tribunal in time, but manoeuvred to get reply on 10-7-1994 about rejection of his representation, which would not enlarge the time for filing of appeal; that since initial, promotion, on 'account of failure of respondent to qualify departmental examination, was violative of Central Engineering Service Class-I Rules amended on 11-10-1984, he was not eligible to be considered for further promotion in B-17 as Assistant Executive Engineer; that Service Rules amended on 11-10-1984 did not provide for promotion of Assistant Engineer B-16 to the post of Assistant Executive Engineer B-17, but Service Rules as amended on 12-5-1988 contained provisions for such promotion subject to passing of departmental examination, enforcement of which would be prospective and not retrospective w.e.f. 11-10-1984; that since Service Rules amended on, 11-10-1984 did not provide for such promotion, Service Tribunal was wrong to conclude the same to be an omission and that Service Tribunal had not considered the effect of quota system---Supreme Court granted leave to appeal to further consider the matter. (b) Central Engineering Service Class-I Rules, 1951---- ----R.21 [as amended on 11-10-1984 and 12-5-1988]---Service Tribunals Act (LXX of 1973), S.4---Civil Servants Act (LXXI of 1973), Ss. 9 & 22--Constitution of Pakistan (1973), Art. 212(3)---Appeal to Service Tribunal--Limitation---Promotion---Contention of appellant was that appeal before Service Tribunal was barred by time as the representation of respondent-civil servant remained undecided for more than 120 days, who after that manoeuvred to get reply about rejection of his representation, which would not enlarge the time for filing…
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