| Case ID |
024e00b4-5aee-4184-8dbf-dd34bf47351a |
| Body |
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| Case Number |
Appeal No. 1560 of 1994 |
| Decision Date |
Nov 24, 2000 |
| Hearing Date |
Nov 23, 2000 |
| Decision |
The appeal was dismissed as the appellant's promotion to Assistant Engineer on an officiating basis did not confer any right to a regular appointment. The tribunal found no grounds to interfere with the decision of the respondents, who reverted the appellant to his substantive rank of Sub-Engineer due to his junior status in the seniority list prepared on a provincial basis. The tribunal upheld the principle that officiating promotions are provisional and do not guarantee permanent positions, thereby reinforcing the regulations set forth in the Punjab Civil Servants Rules. |
| Summary |
In the case of Appeal No. 1560 of 1994, the Service Tribunal of Punjab dealt with the promotion rights of a civil servant, MUHAMMAD SHAFIQUE KHAN, who was promoted to Assistant Engineer on an officiating basis. The tribunal ruled that such promotions do not confer rights to regular positions, especially when the individual is junior to other candidates in the seniority list. This case underscores the significance of adherence to the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, particularly Rule 13(iii), which stipulates that officiating promotions are temporary and can be revoked. The decision highlighted the importance of seniority and fitness in civil service promotions, affirming that the appellant's claim for a regular promotion was denied due to his status within the seniority framework. This case serves as a pertinent reference for understanding the dynamics of civil service promotions in Pakistan. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD SARWAR
|
| Lawyers |
Shamshir Iqbal Chughtai,
Muhammad Ashiq Bhatti
|
| Petitioners |
MUHAMMAD SHAFIQUE KHAN
|
| Respondents |
SECRETARY TO GOVERNMENT OF THE PUNJAB, IRRIGATION AND POWER DEPARTMENT, LAHORE
|
| Citations |
2002 SLD 1735,
2002 PLC 244
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974
|
| Sections |
R.13(iii)
|