- The scheme of rules reveals that in Electricity Department different qualifications have been fixed for posts falling in different functional units — For post of Deputy Director Commercial only directly recruited Revenue Officers have been declared eligible for promotion while promotee Revenue Officers have not been provided a right of promotion as Deputy Director Commercial — Held: the wisdom behind the rules that officers working in the department in B-16 and Superintendents who have been promoted as Revenue Officers have no relevant qualification — They are considered fit for performing duties of Revenue Officers but are not fit for holding the post of deputy Director — Similarly the post of Deputy Director Internal Audit can be filled in by promotion from Budget and Accounts Officer B-17 and Revenue Officers on the basis of seniority-cum-fitness already working in the department with five years service — Post of Deputy Director Internal Audit can be filled in by transfer of a suitable person having relevant experience in the department — Held: from survey of rules conclusion is that posts of Deputy Director Commercial, Deputy Director Surveillance and Deputy Director Internal Audit fall in functional unit commercial and Revenue Officers directly appointed can be promoted against these post — Held further: Post of Deputy Director Computer B-18, Chief Programmer B-18 and Software Engineer fall in functional unit Computer/Technical.Qualification for software engineer is Bachelor Decree in Software Engineering — The rules provide that Chief Programmer B-18 can also be appointed against this post by transfer — Held further: the post of Chief Programmer is to be filled in by promotion from amongst the Computer programmers or by transfer from Deputy Director Computer. Rizwan Muzaffar v. Azad Govt. & 8 others 2010 SCR 156 (A)
- —Amendment Notification dated 24.9.2007—Post of Assistant Engineer (B-17) — method and qualification for promotion—Schedule to the Rules—65% posts reserved for initial recruitment— 15% posts have been reserved on the basis of seniority cum-fitness amongst the Sub-Engineers possessing B.Sc. Electrical Engineering/B-Tech. (Hons)— B.Sc. Electrical Engineering shall have three years’ experience for promotion while those who posses B.Tech. (Hons) shall posses 5 years’ experience— 20% posts are reserved for promotion on the basis of seniority-cum-fitness from amongst the Sub-Engineers of the requisite discipline who hold minimum qualification as prescribed for initial recruitment as Sub-Engineer and have completed 7 years’ service as Sub-Engineers and placed in B-16 after passing Sub-Engineering professional examination—Held: the seniority of categories ‘b’ and ‘c’ is not common. Muhammad Tufail Mir & 6 others v. Secretary Electricity Deptt. & others 2017 SCR 35 (A&B) Sana-Ullah vs. Irshad Ahmed Awan and others (Civil Review Petition No.17 of 2011, decided on 25.06.2015), ref.
- —Further held— the seniority of two categories ‘b’ and ‘c’ provided for promotion against the post of Assistant Engineers (B-17) cannot be common—The seniority of category ‘b’ is common with a distinction drawn in the proviso that Sub-Engineers having qualification of B.Sc Electrical Engineering shall have 3 years experience and B.Tech. (Hons) shall have 5 years experience. Muhammad Tufail Mir& 6 others v. Secretary Electricity Deptt. & others 2017 SCR 35 (C)
- — the seniority of two cadres in categories ‘b’ and ‘c’ cannot be common. Muhammad Tufail Mir& 6 others v. Secretary Electricity Deptt. & others 2017 SCR 35 (D)
- —Held: onthe creation of vacancy of Assistant Engineer the promotion shall be made while considering the respective dates of obtaining the qualification along with the prescribed experience after such qualification. Muhammad Tufail Mir & 6 others v. Secretary Electricity Deptt. & others 2017 SCR 35 (F)
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