Case Details

Citation(s)
2006 SLG 1716 2006 SLD 1716 2006 PLC 582
Federal Service Tribunal, Islamabad
Appeal No. 1152(R)C.E. of 2003, decision dated: 23rd November, 2004.
NAZAR MUHAMMAD SHAIKH AND HASAN RAZA PASHA, MEMBERS

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ASIF AMIN

VS

CHAIRMAN, PTCL HEADQUARTERS, ISLAMABAD ASIF AMIN vs CHAIRMAN, PTCL HEADQUARTERS, ISLAMABAD

Law:

Section:

Civil service-------Exemption from examination---Claim for---Authority vide its .order dated 24-11-2000 prescribed qualifications C.A.(Inter), ICMA(Inter) M.B.A. (Final) and M.Com(Finance/Accounts) for the purpose of exemption of P.T.C.L. employees from P.T.C.L. Accounts Service Examination (Part-I & II) for the post of Accountant---Said order subsequently was withdrawn by the Authority vide its letter dated 27-2-2001, whereby qualification of M. Coin. (Finance/Accounts) was treated as withdrawn---Employee in the case, acquired qualification of M.Com. from the University---According to earlier order, employee along with others was selected as eligible candidate for exemption being M.Com., but later on due to subsequent order whereby earlier order was withdrawn, his name was excluded, while some officials were granted said exemption---Employee had assailed subsequent order contending that qualification of M.Com. was equivalent to Master's degree---No evidence was available to the effect that that terms and conditions of service of employee had been violated and no vested right had been created in favour of employee---Powers of rescission, were always available to the Authority which could pass order competently---Employee was excluded from exemption and when his departmental representation was not responded, he did not file any appeal before the Service Tribunal then---Employee was supposed to agitate issue of withdrawal of earlier order before Service Tribunal after his departmental representation remained unresponded---Appeal filed by employee, was hit by limitation---Authority had to follow qualifications specifically prescribed in its rules and regulations and if any degree was certified as equivalent to one of the approved qualifications, it would not mean that any weightage had to be assigned to it while considering people for promotion, recruitment or move over. 1999 SCMR 819; 2004 SCMR 49; 2001 PLC (C.S.) 157; 2000 PLC (C.S.) 520; 1999 PLC (C.S.) 1306; 1986 PLC (C.S.) 666; PLD 2003 SC 143; 2004 PLC (C.S) 392 and 2000 SCMR 907 ref. Sh. Riazul Haq for Appellant. Nadeem Hasan for Respondent. Date of hearing: 12th November, 2004. JUDGMENT NAZAR MOHAMMAD…
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