Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Office Memorandum of Finance Division (Regulation Wing)

Section: cls.(iii),(vi)

Constitution of Pakistan (1973)--- ----Art. 212(3)---Office Memorandum of Finance Division (Regulation Wing-I), No.F.I(82)-8.3/85 dated 1-1-1986, cls. (iii) & (vi)---Office Memorandum of (Finance Division Regulation Wing) No.F.7(1)-Imp-1/90 Vol II, dated 7-2-1991---Move-over, grant of---Civil servant having earned only one good report during the relevant period of five years and his other reports being just average, he was rightly denied move-over from B-18 to B-19. Rana Manzoor-ul-Hassan v. Secretary, Ministry of Education, Islamabad 1995 SCMR 8 fol. Muhammad Anwar v. The Secretary, Establishment Division, Rawalpindi PLD 1992 SC 144 and Federation of Pakistan v. Muhammad Qaisar Hayat Khan 1994 SCMR 544 distinguished. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This is a petition for leave to appeal against the judgment dated 9-8-2001 of the Federal Service Tribunal, hereinafter referred to as the Tribunal, whereby the petitioner's appeal for grant of move-over from B-17 to B-18 was dismissed on the ground that he had earned only one good report during the last five years. 2. The petitioner is serving as Assistant Director (B-17) in the District Registration Office Ghizer, Northern Areas. His case was placed before the D.P.C. for consideration of move-over to B-18 with effect from 1-12-1997 but it was deferred for the reason that he had not earned two good reports during the last five years. The departmental appeal filed by the petitioner was dismissed on 21-4-2000 and so was his appeal before the Tribunal. 3. It was submitted by the petitioner that having earned five average reports without any adverse entry during the relevant period he was entitled to move-over to B-18 in view of the observations made in Muhammad Anwar v. The Secretary, Establishment Division, Rawalpindi (PLD 1992 SC 144) and Federation of Pakistan v. Muhammad Qaisar Hayat Khan (1994 SCMR 544) that if there is no adverse report against a civil servant and he has got average reports the same would have to be treated as generally good for purpose of move-over. The submission was opposed by the learned Deputy Attorney-General on the strength of the rule on the subject and authority of this Court…

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