PAKISTAN RAILWAYS vs ABDUL AZIZ And 9 Other
This matter arises from a petition for leave to appeal filed by Pakistan Railways against the respondents, Abdul Aziz and nine others, concerning service promotions and appointments. The core legal question is whether specific administrative instructions applied by the lower forums were applicable to the respondents' case, given that their promotion and appointment orders explicitly stated they were purely temporary local arrangements against the direct recruitment quota, conferred no right to regular promotion, and subjected them to reversion without notice upon the availability of senior or regular staff. The Supreme Court granted leave to appeal to examine this question and ordered the suspension of the impugned order of the Labour Court in the interim. The holding establishes that leave is granted to scrutinize the applicability of departmental instructions to temporary promotions made under specific limiting conditions.
- Whether departmental instructions can be applied to temporary promotions made under specific terms excluding regular rights?
- Does a temporary promotion order explicitly stating liability to reversion without notice confer any right to regular promotion?
ORDER
SHAFIUR RAHMAN, J.---Leave to appeal is granted to Pakistan Railways, to examine whether the instructions applied to case of the respondents were at all applicable when their promotion/appointment order mentioned as hereunder:-- "The above promotions are purely temporary under local arrangements in the interest of Administration against 67% quota of Assistant Chargeman reserved for direct recruitment. It will not confer any right upon them for their regular promotion over those who otherwise declared senior to them afterwards. They will be reverted to their original posts without any notice as and when senior or regular staff become available."
2. The impugned order of the Labour Court is meanwhile suspended.