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1999 PLC (C.S.) 112

ALI NAWAZ vs PAKISTAN RAILWAYS and others

Citation1999 PLC (C.S.) 112
CourtLahore High Court
Case No.Writ Petition No, 151-S of 1993/BWP
Date1997-03-26
Judge(s)Sharif Hussain Bokhari
ResultPetition accepted

ORDER

The petitioner claims that he was working as Block Inspector Grade-I (BS-14) in the Pakistan Railways and subsequently in the year 1977, he was asked by the Department to officiate as Block Inspector Grad-II in BS-16. Since the year 1977, he is continuously working against the post as Block Inspector Grade-II (BS-16). He claims to be permanently absorbed with back benefits in accordance with the post of Block Inspector Grade-II (BS-16). Learned counsel for the petitioner has placed reliance on the P.R. Gazette Extraordinary, dated 18th January, 1975. The relevant portion is as follows.-- "The Government has decided that all staff, except work-charged . staff or those working in the temporary projects, with three years' service should be confirmed and the posts against which they are working should be made permanent as far as possible. All others who cannot be so confirmed should be given all the benefits/privileges of confirmed staff."

2. Since he was not confirmed and given benefits, he filed Writ Petition No, 451 of 1992, which was disposed of on 14-11-1992 in view of the statement made by the Assistant Personnel Officer, Headquarters Office, Lahore that the Departmental Promotion Committee would dispose of the case of the petitioner within a period of one month.

3. Learned counsel for the Railways states that on 4-3-1993 the Departmental Promotion Committee held a meeting in which the petitioner was declared unfit for promotion.

4. It is admitted position that the Departmental Promotion Committee did not interview the petitioner nor he was confronted with any adverse report, if any, against him. No reasons have been recorded in the minutes of the meeting of the Departmental Promotion Committee dated 4- 3-1993 declaring the petitioner unfit for the job as Block Inspector Grade-H. The fact that the petitioner is working as Block Inspector Grade-II since the year 1977 even after the so-called declaration of the Departmental Promotion Committee on 4-3-1993, is sufficient to declare the petitioner fit for the job. This writ petition is accordingly accepted and the respondents are directed to confirm the petitioner as Block Inspector Grade-II in BS-16 in accordance with clause (1) of the P.R. Gazette Extraordinary, dated 18th January, 1975 and pay him all the benefits of this job. No order as to costs.

Cited by 2 cases

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