| Case ID |
f83f694c-6db2-4ad5-a565-751a46b2f8cd |
| Body |
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| Case Number |
475/416 of-1983 |
| Decision Date |
Jun 17, 1984 |
| Hearing Date |
|
| Decision |
The appeal filed by Ch. Noor Muhammad was accepted. The Tribunal determined that the appellant was eligible for promotion to the post of Executive Engineer based on the terms and conditions of service at the time of his entry into the service. The Tribunal held that changing the qualifications required for promotion was unjust and created significant hardship for the appellant. The decision emphasized that the rights established upon employment should not be disregarded and that promotions should be based on merit, experience, and service record rather than solely on academic qualifications. The Tribunal directed that the appellant be considered for regular promotion as Executive Engineer. |
| Summary |
This case revolves around the promotion eligibility of Ch. Noor Muhammad, who was appointed as a Sub-Engineer in 1952 and later promoted to various positions based on his qualifications and experience. The key issue was whether the enhancement of qualifications required for promotion to the Executive Engineer position was applicable to him retroactively. The Tribunal ruled that the original terms of employment permitted his promotion based on merit and experience, highlighting the importance of protecting the rights of employees against arbitrary changes in service rules. This case underscores the principles of justice and fairness in administrative practices, particularly in the context of civil service promotions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
|
| Judges |
S. ABDUL JABBAR KHAN (CHAIRMAN),
ABDUL HAMID CHAUDHRY (MEMBER)
|
| Lawyers |
Masud Ahmad Riaz for Appellant,
A.G. Humayun, District Attorney for Respondent
|
| Petitioners |
Ch. NOOR MUHAMMAD
|
| Respondents |
SECRETARY TO GOVERNMENT OF PUNJAB COMMUNICATION AND WORKS DEPARTMENT
|
| Citations |
1987 SLD 953,
1987 PLC 40
|
| Other Citations |
Mukhtar Ahmad v. Government etc. 1983 P L C (C.S.) 767,
PLD 1960 SC 105,
P L D 1973 SC 144,
1984 P L C (C.S.) 21
|
| Laws Involved |
West Pakistan Service of Civil Engineers (Buildings and Roads) (Class I) Rules, 1967,
Pakistan Engineering Council Act (V of 1976),
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
R. 11,
S. 4
|