1994 PLP 429 (SCMR)
and another‑‑‑Petitioners Versus KHUSHI MUHAMMAD ‑‑‑Respondent
| Citation | 1994 PLP 429 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Qadeer Chaudhry Sajjad Ali Shah and |
| Parties | and another‑‑‑Petitioners Versus KHUSHI MUHAMMAD ‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1994 PLP 429 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 429 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Qadeer Chaudhry Sajjad Ali Shah and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 429 (SCMR) (and another‑‑‑Petitioners Versus KHUSHI MUHAMMAD ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Ghulam Hasan Gulshan, Advocate Supreme Court for Petitioner. Ch. M. Aslam, Advocate‑on‑Record (absent) for Respondent.
- Date of hearing: 20th October, 1993.
Headnotes / Summary
(On appeal from the judgment of the Federal Service Tribunal dated 25‑2‑1993 passed in Appeal No. 38(L)/1992). West Pakistan Water and Power Development Authority (Water Wing) Service of Engineers Rules, 1968‑‑‑ ‑‑‑‑R. 5(2)(a)(ii)(iii)‑‑‑Constitution of Pakistan (1973), Art.212(3)‑‑‑Leave to appeal was granted to consider whether respondent was not eligible to be promoted as Assistant Engineer, Civil or Mechanical, as he did not hold diploma in any one of the technologies as contemplated under R.5(2)(a)(ii)(iii), West Pakistan Water and Power Development Authority (Water Wing) Service of Engineers Rules, 1968; and that placement in BS‑16 did not qualify respondent for promotion in absence of diploma in the relevant technology in which vacancy occurred.
Judgment & Decree
(On appeal from the judgment of the Federal Service Tribunal dated 25‑2‑1993 passed in Appeal No. 38(L)/1992). West Pakistan Water and Power Development Authority (Water Wing) Service of Engineers Rules, 1968‑‑‑ ‑‑‑‑R. 5(2)(a)(ii)(iii)‑‑‑Constitution of Pakistan (1973), Art.212(3)‑‑‑Leave to appeal was granted to consider whether respondent was not eligible to be promoted as Assistant Engineer, Civil or Mechanical, as he did not hold diploma in any one of the technologies as contemplated under R.5(2)(a)(ii)(iii), West Pakistan Water and Power Development Authority (Water Wing) Service of Engineers Rules, 1968; and that placement in BS‑16 did not qualify respondent for promotion in absence of diploma in the relevant technology in which vacancy occurred. Ch. Ghulam Hasan Gulshan, Advocate Supreme Court for Petitioner. Ch. M. Aslam, Advocate‑on‑Record (absent) for Respondent. Date of hearing: 20th October, 1993. SAJJAD ALI SHAH, J: ‑‑Leave is sought to file appeal against judgment dated 25‑2‑1993 of the federal Service Tribunal, whereby appeal of respondent is allowed to the extent that his case should be considered by the petitioners for promotion in BPS‑17 on the basis of Diploma in Technology of Drafting and Designing possessed by him.
2. It is further submitted on behalf of the petitioners that respondent was inducted in service as Field Attendant in 1975 and later appointed as Sub Engineer in BPS‑
10. He passed departmental promotion examination in 1985 and was placed in BPS‑16 but could not be accommodated as there was no post of Assistant Engineer available for promotion of Sub‑Engineer having Diploma in Technology of Drafting and Designing. Representation of respondent was dismissed and Service Tribunal on his appeal gave decision favourable to him.
3. Leave is granted to consider contentions raised on behalf of the petitioners firstly that respondent is not eligible to be promoted as Assistant Engineer, Civil or Mechanical, as he does not hold diploma in anyone of the technologies as contemplated under Rule 5(2)(a)(u)(iii) of Pakistan WAPDA (Water Wing) Service of Engineers Rules, 1968. Secondly, placement in BPS 16 did not qualify respondent for promotion in the absence of diploma in the, relevant technology in which vacancy occurred. A.A./W‑117/S Leave granted.