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Petitioner: GULZAR KHAN VS Respondent: GOVERNMENT OF N.-W.F.P
1992 P L C (C
1992 P L C (C.S.) 871
(Service Tribunal N.W.F.P.)
Before Sahibzada Muhammad Faridun Khan and Taj Muhammad Khan, Members
GULZAR KHAN and 2 others
Versus
GOVERNMENT OF N.W.F.P. through Secretary, Irrigation and 2 others
Appeal No. 58 of 1987, decided on 29th February, 1992.
North-West Frontier Province Government Servants (Appointment, Promotion and Transfer) Rules, 1975---
----R. 7---North-West Frontier Province Engineering Service (Building, Roads Department, Irrigation and Public Health Engineering Department) Rules, 1973, R. S(2)---West Pakistan Irrigation Engineering Services (Class 11) Rules, 1967, R.8(b)---Seniority---Appellants civil servants who earlier were appointed as Assistant Engineers on regular basis through Public Service Commission, subsequently were duly promoted as Executive Engineers---Respondent civil servants who earlier were promoted as officiating Sub-Divisional Officers subject to reversion on availability of regular appointees through Public Service Commission, were also promoted after about 3 years from promotion of appellant civil servant as Executive Engineers, clearly indicating that such promotion of respondents would not confer upon them any right or claim for their continuance on regular basis---On recommendation of Department to Selection Board that respondents be regularised under Rules, Government through Notifications regularised services of respondents and allowed them higher Grade---At time when respondents were promoted as officiating Sub-, Divisional Officers on ad hoc basis, Rules in which no specific quota was reserved for graduate Engineers against which their service could have been regularised were in force---Regularisation of promotion based on 10% quota reserved for graduate Engineers as provided under Rules, 1973 and 1975, could not be given retrospective effect as it had clearly been indicated in said Rule that those Rules would be effective from dale those were enforced- Appellants civil servants in circumstances were senior to respondents civil servants as Assistant Engineers and as such they would retain their seniority on promotion to a higher grade as Executive Engineers.
Abdul Samad Khan for Appellants.
Muhammad Latif Khan, Government Pleader for Respondent No. 1.
Atiqur Rehman Qazi for Respondents Nos. 2 and 3.