2011 PLP 1334 (SCMR)
MUHAMMAD ADIL LATIF and another — Petitioners Versus GOVERNMENT OF PUNJAB, IRRIGATION AND POWER DEPARTMENT through Secretary and another — Respondents
| Citation | 2011 PLP 1334 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Amir Hani Muslim, JJ |
| Parties | MUHAMMAD ADIL LATIF and another — Petitioners Versus GOVERNMENT OF PUNJAB, IRRIGATION AND POWER DEPARTMENT through Secretary and another — Respondents |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 2011 PLP 1334 (SCMR)?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1334 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Amir Hani Muslim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1334 (SCMR) (MUHAMMAD ADIL LATIF and another — Petitioners Versus GOVERNMENT OF PUNJAB, IRRIGATION AND POWER DEPARTMENT through Secretary and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ahmed Qazi, Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Date of hearing: 26th May, 2011.
Headnotes / Summary
(On appeal from judgment dated 21-7-2010 of the Punjab Service Tribunal, Lahore, passed in Appeals No. 1944 and 1945 of 2006).
S. 4
Constitution of Pakistan, Art. 212(3)
Departmental promotion examination for Sub-Engineers held by Irrigation and Power Department
Notification issued by Department changing criteria and prescribed mode of papers/questions after having held such examination
Plea of employee-candidate that chances of his promotion would be adversely affected by new criteria
Dismissal of employee's appeal by Service Tribunal
Such new criteria laid down by Department was not violative of PWD Code
Impugned notification did not affect prescribed syllabus of examination
PWD Code did not prevent competent authority from changing criteria of examination within outlines of prescribed syllabus at any time-- Substituted criteria was not alleged to be against prescribed syllabus
Supreme Court dismissed petition for leave to appeal in circumstances.
Judgment & Decree
This order shall dispose the titled civil petitions as both have arisen from a common judgment dated 21-7-2010 passed by the Punjab Service Tribunal, whereby the Tribunal dismissed the appeals of the petitioners.
2. The grievance being voiced before the learned Tribunal was that the departmental promotion examination held by the Irrigation and Power Department for Sub-Engineers was conducted on 11-10-2010 and 12-10-2010 but without declaring result, they entirely changed the criteria and prescribed mode of question paper i.e. 40% of the paper was to be based on M.C.Qs. and the rest of the 60% was based on subjective paper.
3. Learned counsel for the petitioners seeks leave on the ground that having held the examination under certain criteria, the respondent-department could not have changed the mode of papers and that the promotion chances of the petitioners by the new mode have been adversely affected.
4. Having heard the learned counsel at some length, we find that it is not denied by the learned counsel, on court query, that the new criteria laid down by the department is not violative of the PWD Code. Even otherwise, the impugned notification does not affect the prescribed syllabus of the examination. There is nothing in the Code which prevents the competent authority to change the criteria of the examination within the outlines of the prescribed syllabus at any time. Since there is no allegation that the substituted criterian is against the prescribed syllabus, the impugned judgment is unexceptionable. Therefore, the petition, lacking in merit is accordingly dismissed and leave refused. S.A.K./M-38/SC Leave refused.