- Amendment — effect of — amendment is prospective and not retrospective. Mushtaq Ahmad v. Azad Govt. and 3 others 1998 SCR 330 (A)
- Insertion of item No.2-A — Promotion to disputed post is governed by a legal provision which the Courts are under legal obligation to follow .Service Tribunal had no option but to follow rules framed by the Govt. under section 23 of the Civil Servants Act — However, it was held that service rules are not sacrosanct and can be judicially scrutinized — (PLD 1980 SC AJK 5) Upheld. Mushtaq Ahmad v. Azad Govt. and 3 others 1999 SCR 77 (A)
- Both the parties are employees of the Animal Husbandry Department — But they belong to separate functional units — The appellants belongs to unit termed as Animal Health whereas the respondent belong to Research, Extension and Development — The Service Tribunal while placing reliance upon schedule of Animal Husbandry Rules has rightly opined that the post of Deputy Director Extension can be filled in through promotion on the basis of seniority-cum-fitness from amongst the officers holding B-18 with three years service in the relevant unit — The appellant was not held by the Service Tribunal eligible for promotion as he nexus with separate functional unit — Even he at the relevant time was posted by transfer in functional unit known as Extension & Development but by holding a post on current charge basis does not confer any right of promotion in such functional unit. Muhammad Azam v. Azad Govt. & 4 others 2003 SCR 292 (C)
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