1991 PLP 1525 (SCMR)
KHALIL-UR-REHMAN — Petitioner Versus WAPDA through Chairman, WAPDA, Lahore and others — Respondents
| Citation | 1991 PLP 1525 (SCMR) |
| Forum / Court | High Court |
| Bench Members | S. Usman Ali Shah and Abdul Qadeer Chaudhry, JJ |
| Parties | KHALIL-UR-REHMAN — Petitioner Versus WAPDA through Chairman, WAPDA, Lahore and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1991 PLP 1525 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1525 (SCMR)?
The case was heard and decided by the High Court bench comprising: S. Usman Ali Shah and Abdul Qadeer Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1525 (SCMR) (KHALIL-UR-REHMAN — Petitioner Versus WAPDA through Chairman, WAPDA, Lahore and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 29th January, 1990.
Headnotes / Summary
(From the order of the Federal Service Tribunal, Islamabad, dated 8-3-1989, passed in Service Appeal No. 425(R) of 1987).
Art. 212(3)
Petitioner a diploma engineer and a non -Matric chief draftsman who was not considered eligible for grant of BPS-16 produced Office Order in which `Diploma Engineer' was defined under which he would be deemed to be diploma engineer
Office order produced by petitioner having made his case worth consideration, leave to appeal was granted. Petitioner in person.
Judgment & Decree
S. USMAN ALI SHAH, J.‑‑‑Leave to appeal has been sought by the petitioner against the order of the Federal Service Tribunal, Islamabad, dated 8‑3‑1989, whereby his appeal was dismissed. The petitioner being a qualified Draftsman from the Army, was initially appointed as a Draftsman in WAPDA on 21‑3‑1963, though he was non -Matriculate but his qualification was relaxed. On 17‑11‑1964 he was promoted as Divisional Head Draftsman and on 9‑12‑1970 to the post of Circle Head Draftsman. Subsequently, on 7‑1‑1977 he was promoted to the post of Chief Draftsman vide office order dated 29‑1‑1977. The Chief Engineer (Admn.), Power WAPDA, Lahore vide order dated 5‑3‑1985 notified that 25% of the non- Matric senior subordinates would be selected keeping in view their seniority‑cum -merit, for the grant of BPS‑16. The petitioner made a representation to the Chief Engineer (AC&R) Terbela Dam Project for placing him in BPS‑16 alongwith his counterpart working in other formations of the WAPDA. He was informed that vide addendum dated 26‑5‑1987, he is not eligible for the grant of BPS‑16. Appeal of the petitioner before the Member (Water), WAPDA, Lahore was not satisfactorily replied, so he preferred an appeal before the Federal Service Tribunal, Islamabad which was dismissed, vide impugned judgment. Hence, this petition for leave to appeal before this Court. We have heard the petitioner who appeared in person in support of his case, while arguing his case he invited our attention to the definition given in sub para. (a) "Diploma Engineers at page 3 of the Office Order No. 234 77/MDP/CEA/Admn.11/16/304, dated 17‑6‑1977, the relevant portion of which is given below:‑‑ "(a)Diploma Engineers . ............................... However, persons already appointed against "posts of Diploma Engineers" on the basis of any other qualifications prescribed by the Authority for initial recruitment to such posts before the date of this Notification shall also be deemed to be "Diploma Engineers" for all purposes." After hearing the petitioner, in person we are of the view that the import of the above Office Order makes his case worth consideration. Leave to appeal is, therefore, granted. Appeal shall be made ready on the present record with permission to parties to file additional documents if any. H.B.T./K‑154/S Leave granted.