| Case ID |
ea077da2-02c5-4178-8c28-1c6fcd5b14f4 |
| Body |
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| Case Number |
Civil Appeals Nos. 77 and 78 of 1982 |
| Decision Date |
Sep 30, 1985 |
| Hearing Date |
Jun 22, 1985 |
| Decision |
The appeals were dismissed, affirming the findings of the Service Tribunal regarding the lack of available vacancies in the Ex-Bahawalpur State for promotion to Executive Engineer before 14-10-1955. The court clarified that the Integration Circular's provisions concerning seniority and promotions did not apply to the appellants since they had not held the position of Executive Engineer prior to the critical date. The ruling emphasized that seniority lists are subject to change and that there is no vested right to promotion or seniority without statutory backing. The court's decision underscored the principle that changes in service regulations and rules can impact the status of civil servants, particularly regarding promotions and seniority. |
| Summary |
This case revolves around the appeals filed by Ch. Nazar Muhammad and Rao Riazur Rahman against the Punjab Service Tribunal's ruling regarding their seniority and promotion within the West Pakistan Irrigation Engineers Service. The core issue was whether the appellants could claim seniority based on their promotions as Executive Engineers before the Integration Circular of 1955 took effect. The Supreme Court found that the Integration Circular validly modified the existing service rules and that prior promotions had no legal standing. The judgment emphasized the importance of statutory frameworks in determining civil service promotions and the absence of any vested rights without adequate legal backing. Key legal provisions included the Establishment of West Pakistan Act, 1955, and the Constitution of Pakistan, which the court interpreted to uphold the Tribunal's findings. The decision reaffirms the principle that seniority lists are dynamic and can be altered based on new regulations and appointments, ensuring that civil service structures remain flexible and responsive to changing administrative needs. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
M.S.H. QURAISHI, JJ
|
| Lawyers |
D.M. Awan, Senior Advocate Supreme Court,
Ehsan Ullah Lille, Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record,
Shahzad Jahanagir Advocate Supreme Court,
Mehdi Khan Mehtab, Advocate-on-Record,
Muhammad Aslam, Advocate-on-Record,
M. Nawaz Abbasi, Asstt. A.-G. Punjab,
Rao Muhammad Yousaf, Advocate-on-Record
|
| Petitioners |
Ch. NAZAR MUHAMMAD,
Saeed Ahmad Beg,
Rao Riazur Rahman
|
| Respondents |
GOVERNMENT OF PUNJAB,
38 others
|
| Citations |
1986 SLD 300,
1986 SCMR 68
|
| Other Citations |
Government of West Pakistan v. Fida Muhammad Khan P L D 1960 S C 45,
Government of West Pakistan v. Fatehullah Khan P L D 1960 S C 105,
Province of West Pakistan v. M. Akhtar Qureshi P L D 1962 S C 428,
Manzur Ahmad and others v. Ch. Muhammad Ishaq PLD 1964 S C 17,
C.B.R. v. Mr. Asad Ahmad Khan P L D 1960 S C 81
|
| Laws Involved |
Establishment of West Pakistan Act, 1955,
Constitution of Pakistan (1973),
West Pakistan Irrigation Engineers Service (Class I) Rules, 1967
|
| Sections |
8(3),
10,
212,
4(a),
15
|