Law:

Section:

Civil Servants Act (LXXI of 1973)------S. 9---Service Tribunals Act (LXX of 1973), S. 4---Promotion---Criteria for promotion---Appeal to Service Tribunal---Appellants, who were Diploma Holders in Technology and were in P.G.8, claimed promotion in P.G.9---Claim of appellants was refused by the Authority on ground that under rules of service, appellants could not be promoted to P.G.9 as they were not graduate Engineers---Appellants had contended that their promotion in PG.9 and above could not be refused on the ground that they were not Graduate Engineers, as said condition did not exist when appellants had entered into service and that said condition could not be applied retrospectively---Appellants had further contended that in absence of proper regulations, they could not be deprived of their right to get promotion to PG.9 and above---Validity---Authority in Service Regulations, had prescribed criteria for promotion to Engineering Posts of PG.9 and above by enforcing said Regulations---Contention of appellants that Authority had not fixed any criteria for promotion to Engineering Posts of PG.9 and above, was not correct---Appellants were not Graduate Engineers, whereas according to said Regulation Engineering Posts of PG.9 being Selection Posts promotions were to be made on basis of merit and suitability, and could be filled only by Graduate Engineers---Appellants, in circumstances were not eligible for promotion, by selection to Engineering posts of PG.9 and above and it was exclusively within the domain of Authority to decide whether a particular qualification would be considered sufficient for promotion from a particular grade to a higher grade and it was also within the domain of Authority to change promotion policy from time to time and nobody could claim any vested right in that policy---By enforcing said regulation, Authorities had exercised power vested in them and no illegality had been committed by authorities in enforcing said regulations---Being Diploma Holders, appellants could not equate themselves with Graduate Engineers and were not entitled to be considered for selection in PG.9 and above. PLD 1995 SC 701 ref. Dr. Abdul Basit for Petitioners.…

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