Law:

Section:

Punjab Education Department (Schools Education) Recruitment Rules, 1987---------R.7---Constitution of Pakistan (1973), Art. 199---Antedating of promotion---Entitlement---Contempt of Court---Petition for---Service Tribunal in its decision found the petitioners entitled to be considered in accordance with rules, for antedating of their promotion to BS-18 & 19 under the four tiers formula of Government---Said decision of Service Tribunal having not been implemented by Authorities, petitioners had filed Constitutional petition which was disposed of directing the Authorities to implement of Service Tribunal---Said direction having also not been complied with by Authorities, petitioners had filed contempt application, which was disposed of on the basis of undertaking given by Authorities to the effect that of Service Tribunal would be implemented within one month---Said undertaking having also not been complied with, petitioners had filed present contempt petition---Departmental Authorities, for the first time, had taken the position that in accordance with applicable rules petitioners were not eligible even for promotion as Headmasters because they did not possess M.A./M.Sc. degree which was the requirement of the rules and in circumstances their promotion to BS-18 could not be antedating---Such objection was not taken by Authorities either before Service Tribunal or in earlier Constitutional petition or in the contempt petition---Petitioners were promoted as Headmasters in 1983-1984 in accordance with the rules then in force and present dispute was only regarding their promotion from due date which was 12-12-1990---According to Rules and method of recruitment, M.A./M.Sc. degree was required for promotion to post of Principal and for promotion of petitioners to B.S.-18 said Rules were not attracted---Pro forma promotion of petitioners was not restricted by Rules and they were entitled to antedated promotion in accordance with of Punjab Service Tribunal---Departmental Authorities not only failed to implement of Service Tribunal, but also had failed to comply with direction of High Court rendered in earlier Constitutional petition and also undertaking given by the…

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