1992 PLP (C (PLC(CS))
GHULAM MUHAMMAD BHANBHARO and others Versus THE CHIEF SECRETARY and another
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Sindh |
| Bench Members | Munawar Ali Khan Chairman, Tasneem Ahmad Siddiqui and Ghulam Mujaddid Isran, Members |
| Parties | GHULAM MUHAMMAD BHANBHARO and others Versus THE CHIEF SECRETARY and another |
| Primary Law | (d) West Pakistan General Clauses Act (IV of 1956), (b) Civil service, (c) Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (d) West Pakistan General Clauses Act (IV of 1956), (b) Civil service, (c) Civil service, (a) Civil service, (e) Sindh Service Tribunals Act (XV of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Sindh bench comprising: Munawar Ali Khan Chairman, Tasneem Ahmad Siddiqui and Ghulam Mujaddid Isran, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (GHULAM MUHAMMAD BHANBHARO and others Versus THE CHIEF SECRETARY and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.M. Aqil Awan for Appellant ( in Appeals Nos.26 and 27 of 1989).
- Manzoor Ali Khan for Respondent (in Appeals Nos.20 and 23 of 1989)
- Date of hearing: 20th September, 1990,
Headnotes / Summary
Civil servants holding subordinate ministerial posts were granted exemption from passing qualifying examination for purpose of promotion
Initially such exemption was also granted to civil servants but ultimately same was withdrawn
Perusal of circular whereby exemption, was granted from qualifying examination, would show that exercise of jurisdiction by Authority was dependent upon 'satisfaction of conditions specified therein
Three of the civil servants did not fulfil mandatory conditions, thus, they were not deemed to be entitled to claim exemption front qualifying examination.
Exemption from qualifying examination for promotion-- Exemption earlier granted to civil servants was subsequently withdrawn-- Validity
Mere mentioning of grounds not relevant for cancellation of said exemption would not affect validity of orders which were based on ground of non-fulfilment of mandatory conditions
Such extraneous ground could be ignored.
Exemption from qualifying examination for promotion
Three of the civil servants fulfilled conditions mentioned in circular for grant of such exemption
Civil servants qualifying for such exemption had service record upto the mark
Such civil servants were entitled to grant of exemption from qualifying examination for promotion.
S.20
Poenitentiae, principle of
Authority having power to make an order had also the power to undo it, subject to the exemption that where such order had taken legal effect, and in pursuance thereof, certain rights had been created in favour of any individual, such an order could not be withdrawn or rescinded to the detriment of those rights
Where in pursuance of order of exemption for qualifying examination for promotion, individuals had been posted for the purpose of necessary training and as such orders of grant of exemption were implemented, valuable rights were created in favour of such persons which could not be withdrawn or cancelled. Pakistan v. Muhammad Himayatullah Farooqi PLD 1969 SC 407 ref.
S.4
Exemption from qualifying test for promo tion
Initial exemption granted was subsequently withdrawn-Validity-- Individuals did not qualify conditions contained in circular whereby such exemptions were granted
Order of cancellation of exemption from qualifying examination for promotion was maintained
Other individuals fulfilled all the conditions contained in circular on basis of which exemption was initially granted
Individuals on basis of grant of such exemption were undergoing training and thus order for grant of exemption had been implemented with regard to such persons
Cancellation of exemption with regard to such individuals being not correct was set aside in circumstances. Sulman Ansari for the Government,
Judgment & Decree
(c) Civil service
Exemption from qualifying examination for promotion
Three of the civil servants fulfilled conditions mentioned in circular for grant of such exemption
Civil servants qualifying for such exemption had service record upto the mark
Such civil servants were entitled to grant of exemption from qualifying examination for promotion. (d) West Pakistan General Clauses Act (IV of 1956)
S.20
Poenitentiae, principle of
Authority having power to make an order had also the power to undo it, subject to the exemption that where such order had taken legal effect, and in pursuance thereof, certain rights had been created in favour of any individual, such an order could not be withdrawn or rescinded to the detriment of those rights
Where in pursuance of order of exemption for qualifying examination for promotion, individuals had been posted for the purpose of necessary training and as such orders of grant of exemption were implemented, valuable rights were created in favour of such persons which could not be withdrawn or cancelled. Pakistan v. Muhammad Himayatullah Farooqi PLD 1969 SC 407 ref. (e) Sindh Service Tribunals Act (XV of 1973)
S.4
Exemption from qualifying test for promo tion
Initial exemption granted was subsequently withdrawn-Validity-- Individuals did not qualify conditions contained in circular whereby such exemptions were granted
Order of cancellation of exemption from qualifying examination for promotion was maintained
Other individuals fulfilled all the conditions contained in circular on basis of which exemption was initially granted
Individuals on basis of grant of such exemption were undergoing training and thus order for grant of exemption had been implemented with regard to such persons
Cancellation of exemption with regard to such individuals being not correct was set aside in circumstances. M.M. Aqil Awan for Appellant ( in Appeals Nos.26 and 27 of 1989). Manzoor Ali Khan for Respondent (in Appeals Nos.20 and 23 of 1989) Sulman Ansari for the Government, Date of hearing: 20th September, 1990,