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Petitioner: ABDUL SATTAR VS Respondent: CHIEF ENGINEER, IRRIGATION DEPARTMENT
1988 S C M R 31
1988 S C M R 31
Present: Shafiur Rehman, Javid Iqbal and Saad Saood Jan, JJ
ABDUL SATTAR and 2 others--Petitioner
versus
CHIEF ENGINEER, IRRIGATION DEPARTMENT and others--Respondents.
Civil Petition for Special Leave to Appeal Nos. 173, 174 and 175 of 1984, decided on 3rd August, 1987.
(From the judgment of the Punjab Service Tribunal dated 22-1-1984 passed in Appeal 213 of 1982).
Punjab Service Tribunals Act (IX of 1974)--
--S. 4--Constitution of Pakistan (1973), Art. 212(3)--Seniority--Pro forma promotion-- Order on basis of which petitioners claimed pro forma promotion was riot such as might invest them with a right to claim it, for their seniority rights over respondent had been preserved and it was in view of his deputation on ex cadre post and functioning there that certain adjustments with regard to pay etc. were made and the arrangement was without prejudice to seniority claimed by petitioners--No question of law of public importance as envisaged in Art. 212(3) of Constitution of Pakistan arising incase for further examination, leave to appeal refused.
Malik Azam Rasul, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners.
M.M. Saeed Beg, Advocate Supreme Court and Rao Muhammad Yousuf Khan, Advocate-on-Record for the State.
Date of hearing: 3rd August, 1987.
ORDER
SHAFIUR RAHMAN, J.-- By three separate petitions, the three petitioners, who were recruited as Overseers, seek pro forma promotion from the date their juniors were formally promoted as Sub-Divisional Officers.
2. The cadre to which the parties belong is regional. The two Abdul Sattars claim their entitlement to promotion on the basis of an order passed on 28-11-1973 in favour of Khalil Ahmad, respondent No. 3. In order to meet an audit objection, the Governor of the Punjab regularly promoted Khalil Ahmad as officiating Overseer retrospectively w.e.f. 18-3-1968. The same order contained a reservation that he will be treated as officiating SDO of the Bahawalpur Region of the Irrigation & Power Department and his pay as such will be fixed with reference to the pay he was drawing under Small Dams Organization. It was further provided and this is important for the purposes of these petitions that "this order does not confer any right of seniority of precedence over others as Offg. SDOs. and Mr. Khalil Ahmad Offg. SDO. shall have to revert as Overseer in case the claim of any of his senior is established for promotion as Offg. SDO."
3. The order on the basis of which these two petitioners claim pro forma promotion is not such as may invest them with a right to claim it for their seniority rights over Khalil Ahmad have been preserved and it was in view of his deputation on ex-cadre post and functioning there that certain adjustments with regard to pay etc. were made. The arrangement was without prejudice to the seniority claimed by these two petitioners.
4. As regards Abdul Rashid petitioner, the grievance is against an order passed by the Government of Baluchistan after disintegration of the Province of West Pakistan promoting Nazir Ahmad and Muhammad Saeed from a date in 1970. As the Government of Baluchistan was not impleaded and the promotion was ordered at a time when the other petitioner Abdul Rashid was not in competition with them nor was he ignored for his case could not be dealt with by the Baluchistan Government that order will not provide him the basis for seeking pro forma promotion.
5. In the circumstances, we find that no question of law of public importance as is envisaged in Article 212 (3) of the Constitution arises in the case for further examination and leave to appeal is refused.
S.Q./A-106/S Leave refused.