| Citation(s) |
|---|
| 2007 SLG 1860 2007 SLD 1860 2007 PLC 298 |
Supreme Court of Pakistan
Civil Appeal No.2128 of 2004 and Civil Petitions Nos.1178/L and 1179/L of 2004, decision dated: 13-10-2005. (On appeal from the judgment, dated 2-4-2003 passed by the Punjab Service Tribunal, Lahore in Appeal No.1098 of 1998, Appeal No.2555 of 2003 and in
MUHAMMAD NAWAZ ABBASI AND MIAN SHAKIRULLAH, JAN, JJ
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Civil Appeal No.2128 of 2004 and Civil Petitions Nos.1178/L and 1179/L of 2004, decision dated: 13-10-2005. (On appeal from the judgment, dated 2-4-2003 passed by the Punjab Service Tribunal, Lahore in Appeal No.1098 of 1998, Appeal No.2555 of 2003 and in
MUHAMMAD NAWAZ ABBASI AND MIAN SHAKIRULLAH, JAN, JJ
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Haji NOOR AHMED and others
VS
GOVERNMENT OF PUNJAB and others Haji NOOR AHMED and others vs GOVERNMENT OF PUNJAB and others
Law:
Section:
(a) Punjab Education Department (Schools Education) Recruitment Rules, 1987-------Sched., item No.5---Constitution of Pakistan (1973), Art. 212 (3)---Leave to appeal was granted by Supreme Court to consider the contention of civil servant that requirement of possessing degree at least of second Division in M.A. was meant for those candidates who had applied for initial recruitment against 33% quota, whereas candidates whose cases were covered under 67% of promotion quota, amongst SSTs for the posts of Headmaster/Headmistress were not required to at least possess second Division in M.A. (b) Punjab Education Department (Schools Education) Recruitment Rules, 1987--- ----Sched., item No.5---Punjab Service Tribunals Act (IX of 1974), S.4---Promotion---Eligibility---Civil servant possessed third division masters degree and was appointed before enforcement of Punjab Education Department (Schools Education) Recruitment Rules, 1987---Grievance of civil servant was that he was wrongly denied promotion to the post of Headmaster/Deputy District Education Officer in BPS-18---Appeal filed by civil servant was dismissed by Service Tribunal---Validity---By virtue of Note-1 in Item No.5 of Schedule to Punjab Education Department (Schools Education) Recruitment Rules, 1987, an exception was created in Rules to protect the right of promotion of SS Teachers in service of Education Department, Government of Punjab, immediately before enforcement of Rules---Such SS Teachers were of two categories, graduate and post-graduate---Right of promotion of the first category of SS Teachers was protected against the posts of Headmaster/Deputy District Education Officer in BPS-17 of promotion quota and SS Teachers of second category possessing master degree in any division, were made eligible for promotion to BPS-18 post and could also be posted as Subject Specialist---No ambiguity was found in the Punjab Education Department (Schools Education) Recruitment Rules, 1987, to suggest that the exception created in Rules, would be confined only to the extent of post of Headmaster/Deputy District Education Officer other than BPS-18 posts of promotion quota---No distinction existed in the Rules so…
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