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1975 P L CtC.S.T.l 116

NOOR MUHAMMAD vs S. E. MECHANICAL CIRCLE, MOGHULPURA

Citation1975 P L CtC.S.T.l 116
CourtAdministrative Tribunal
Case No.Case No. 211 of 1974
Date1974-10-22
Judge(s)Khalid Farooq Akbar, Saad Saeed Jan, Asfhaq Ali Khan
ResultN/A

1. ORDER Saad Saood Jan (Chairman).--Tne appellant joined service as Assistant Clerk in the Mechanical Circle, Moghglpura, Lahore. He was promoted as Sub-Divisional Clerk in 1957 but was reverted after a short period for want of a vacancy. He was again promoted to the same post on 30-4-1960 in an officiating capacity. He failed to pass the departmental examination and was reverted to his original appointment on 11-11-1971. He has come in appeal before the Tribunal to challenge the order of his reversion. The main contention of the appellant is that the old service rules of 1941 which provided for the departmental examination were superseded by the West Pakistan Irrigation and Power Ministerial (Circle) Rules, 1964, and that in the new rules there was no requirement that a Sub-Divisional Clerk should pass any departmental examination; consequently his failure to pass the departmental examination could not be made the basis of his reversion. It was however, conceded that even after the enforcement of the 1964 rules the departmental examinations were held for some years. We have considered the contention of the appellant and do not think that this is a fit case for our interference. The appellant was an officiating Sub- Divisional Clerk and the competent authority had the right to revert him to his original appointment of Assistant Cleric at any time. Thus his reversion does not entail any violation of his terms and conditions of service. Apart from that we are not satisfied that 1964 Rules do not provide for any departmental examination. In this context reference is invited to sub-rule (4) of rule 8 which makes the passing of departmental examination a pre-requisite to confirmation. It was admitted before us that in the departmental examination the questions asked related to the duties ordinarily performed by a Sub-Divisional Clerk. We are surprised that the appellant who held the post of Sub- Divisional Clerk for such a long time should be scared of facing the examination. For the reasons stated above we are not inclined to entertain this appeal which is hereby dismissed in limine. itii lr?

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