| Citation(s) |
|---|
| 2005 SLG 1262 2005 SLD 1262 2005 SCMR 980 |
Supreme Court of Pakistan
Civil Appeal No. 1981 of 2000, decision dated: 8-03-2005
IFTIKHAR MUHAMMAD CHAUDHRY AND M. JAVED BUTTAR, JJ
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Civil Appeal No. 1981 of 2000, decision dated: 8-03-2005
IFTIKHAR MUHAMMAD CHAUDHRY AND M. JAVED BUTTAR, JJ
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MUHAMMAD ISHAQUE and others --Appellants
VS
. GOVERNMENT OF PUNJAB through Chief Secretary and others --Respondents
Law:
Section:
(a) Punjab Service Tribunals Act (IX of 1974) S. 4 Constitution of Pakistan (1973), Art. 212 (3) Leave to appeal was granted by Supreme Court to consider; whether civil servants could legally claim to be governed by the rules which prevailed at the time of their induction in service, or they had no vested right to claim so and they would be governed by the amended rules; whether appeal before Service Tribunal suffered from laches/undue delay and misjoinder of parties; and whether joint appeal before the Board by all the civil servants was not competent. (b) Punjab Service Tribunals Act (IX of 1974) S. 4 Promotion Principles Civil servants were aggrieved of not being promoted Service Tribunal dismissed the appeal 'filed by civil servants Validity Promotion was not vested right of an employee and Government was always competent to enhance educational qualification for the purposes of promotion Civil servants could not claim that their promotion should be regularized according to the Rules/Laws to their service Supreme Court declined to interfere with the passed by Service Tribunal Appeal was dismissed. Dr. Muhammad Hussain v. Principal, Ayub Medical College and another PLD 2003 SC 143 fol. Ch. Mushtaq Masood, Advocate Supreme Court and Sh. Masood Akhtar, Advocate on Record (absent) for Appellants. Dr. Mohyuddin Qazi, Advocate Supreme Court and Tanvir Ahmad, Advocate on Record (absent) for Respondents Nos.2 and 3. Respondents Nos: 1 and 4: Ex parte Date of hearing: 8th March, 2005. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J. This appeal is directed by leave of the Court against judgment, dated 16th September, 1999 passed by the Punjab Service Tribunal, Lahore whereby Appeal No. 1092 of 1993 of appellants has been dismissed. 2. Leave to appeal has been granted by this Court on 22nd November, 2000 to examine the following questions: "(i) Whether the petitioners can legally claim to be governed by the rules which prevailed at the time of their induction in service, or they have no vested right to claim so and they will be governed by the amended rules; (ii) Whether the appeal before the Tribunal suffered from laches/undue delay and misjoinder of parties; and (iii)…
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