Law:

Section:

Federal Service Tribunal Act, 1973-- ----S. 4(2)(b)--Constitution of Pakistan, 1973, Art. 212(2)--Appeals to tribunal by civil servant regarding terms and conditions of service--Bars tribunal from entertaining appeal against decision of departmental authority determining fitness or promotion--Promotion of civil servants--Recommendation of board were returned by Prime Minister's--Jurisdiction--Validity--Tribunal has no jurisdiction to examine whether or not a civil servant is fit for promotion to higher grade--Jurisdiction of Court is vested only over matters falling within exclusive jurisdiction of tribunal established under clause of Art. 212(1) of Constitution--Determination of fitness of civil servant for promotion has been excluded from jurisdiction of tribunal, ouster clause 2 of Art. 212 of Constitution does not extend to such matters--Constitutional jurisdiction of High Court is not ousted in matters pertaining to appointment of civil servant to particular post or to be promoted to higher grade. Constitution of Pakistan, 1973-- ----Art. 212(2)--Civil Servants Act, 1973, S. 9--Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R. 7--Promotion of civil servant--Recommendations for promotion were returned by P.M.--Challenge to--Jurisdiction--Bars entertaining appeal against decision of departmental authority--Validity--Neither of Courts had embarked upon determining whether civil servants were fit for promotion to higher grade--Courts had examined exercise of power of competent authority in disagreeing with recommendations of board and returning for reconsideration and to that extent order of P.M. was justiciable and thus writ petitions were maintainable--Neither Civil Servant Act nor Rules provide that recommendations of board shall be binding--Board while reconsidering cases shall remain uninfluenced by such observations and shall make its own independent assessment--Exercise of power by P.M. was neither arbitrary nor discriminatory. Civil Servants Act, 1973-- ----S. 9--Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--Constitution of Pakistan, 1973, Arts. 199 & 212(2)--Promotion of civil servants--Recommendations of…