| Citation(s) |
|---|
| 2005 SLG 1005 2005 SLD 1005 2005 PLC 1130 |
Service Tribunal, Sindh
Appeal No.77 of 1999, decision dated: 26-06-2003.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN, YOSUF ALI MIRZA, MEMBER-I AND NUR AHMAD SHAH, MEMBER-II
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Appeal No.77 of 1999, decision dated: 26-06-2003.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN, YOSUF ALI MIRZA, MEMBER-I AND NUR AHMAD SHAH, MEMBER-II
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MAQSOOD AHMED RIAZ
VS
CHIEF SECRETARY, GOVERNMENT OF SINDH and 3 others
Law:
Section:
Sindh Civil Servants Act (XIV of 1973)-------S.9---Sindh Service Tribunal Act (XV of 1973), S.4---Promotion---Entitlement---Appeal to Service Tribunal---Claim of appellant was that he being senior most Assistant Electrical Inspector was ignored while his juniors were promoted, despite the fact that appellant possessed all requisite qualifications for the post of Electric Inspector (B-18)--Case of respondents was that appellant did not fulfil prescribed qualifications for the post of Electric Inspector, (B-18)---Appellant was appointed on basis of 3 years Diploma Engineering as Electric Sub-Inspector, in 1965; subsequently appellant obtained "B. Tech.(Hons) Degree" in Electrical Engineering in year, 1983---Appellant had claimed that 'B Tech.(Hons) Decree' obtained by him had been declared at par with B.Sc. Engineering/B.E. Degree by Supreme Court in its reported as PLD 1995 S.C. 701 and on that basis he was entitled to be promoted to the post of Electric Inspector (B-18)---Office Memorandum issued in pursuance/compliance of said of the Supreme Court, could apply to employees of Departments of Federal Government and not to Provincial Government of Sindh as recruitment rules for Provincial Government were different---Said Office Memorandum had already been challenged by Pakistan Engineering Council before Lahore High Court on the ground that it was within the domain of Council to recognize equalizing of academic degree concerning Engineering and Lahore High Court had suspended the operation of said Office Memorandum-Perusal of record had revealed that Government of Sindh had not treated degree of B. Tech.(Hons) at par with B.Sc. Engineering/B.E. degree---Rules for recruitment to the post of Electric Inspector having not been amended so far, Department was right in saying that appellant being B. Tech(Hons) was not entitled for promotion to the post of Electric Inspector (B-18)---Appeal filed by appellant otherwise being barred by time, was dismissed. 1996 SCMR 850; 1998 SCMR 544 = 1998 PLC (C.S.) 1278; 2001 PLC (C.S.) 542; 2001 PLC (C.S.) 550; Fida Hussin's case PLD 1995 SC 701 and Anwar Muhammad v. General Manager, Pakistan Railways, 1995 SCMR 950 ref. Abdul…
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