2003 PSC 368 SUPREME-COURT

2003  PSC  368     SUPREME-COURT

ZULFIQAR-UL-HUSNAIN

Versus

OIL AND GAS DEVELOPMENT CORPORATION

Oil and Gas development corporation Ordinance 1961 —-Ss. 5 & 6(1-C)—Service Tribunals Act (LXX of 1973), S.4–Constitution of Pakistan (1973), Art. 212(3)—Promotion from Executive Group-I to Executive Group-III-Criteria—Assistant Officers (Non Technical) and Assistant Officers (Technical) both previously placed in NPS-16 were placed in Executive Group-I & II respectively after introduction of Pay Groups instead of Pay Scales—Contention of appellants Assistant Officers (Non-Technical) was that their shifting from EG-I to EG-II would not amount to promotion as both categories pertained to Assistant Officers and that they were entitled to be promoted from EG-I to EG-III in order to maintain uniformity between Assistant Officer (Non-Technical) and Assistant Officer (Technical) as was the practice in past—Service Tribunal dismissed the appeal of appellants on the ground that Assistant Officer placed in EG-I could not jump over to EG-III without having put in five years service in EG-II and that both such categories could not be treated alike–Validity—Assistant Officer (Non-Technical) EG-I and Assistant Officer (Technical) EG-II both fell within same category of employees—No discriminatory treatment could be meted out to either category in the matter of promotion to next higher group i.e. EG-III—Promotion claimed by appellants from EG-I to EG-III would not be in conflict with policy decision taken by Board as reflected in its letter dated 28-1-1980 clearly stipulating that promotion criteria and other terms and conditions of employment of Officers would remain unchanged after introduction of Pay Groups–Supreme Court accepted appeals and set aside, impugned judgment to the extent of appellants with the result that thy would be entitled to grant of promotion to EG-III with effect from the dates they were promoted to EG-II.