Case Details

Citation(s)
2017 SLG 1814 2017 SLD 1814 2017 PLC 1445
Supreme Court of Pakistan
Civil Petition No. 1424 of 2016, decision & hearing Date : 30-09-2016 Against the judgment Dated 08.2.2016 passed by Federal Service Tribunal, Islamabad in Appeal No. 194(R)CS/2013
MIAN SAQIB NISAR, JUSTICE, MUSHIR ALAM, JUSTICE
Abdul Rashid Awan, DAG and Muhammad Ashraf, Director, FPSC for Petitioner. Ghulam Fareed, Advocate Supreme Court for
Respondent No. 1.

FEDERAL PUBLIC SERVICE COMMISSION THROUGH SECRETARY

VS

ANWAR-ULHAQ (PRIVATE SECRETARY) ISLAMABAD & OTHERS

Law:

Section:

THIS JUDGMENT PASSED BY: MUSHIR ALAM, JUSTICE:---.--- Petitioner, Federal Public Service Commission (FPSC), has challenged the decision dated 8.2.2016 passed by the Federal Service Tribunal (FST) Islamabad, whereby setting aside the order dated 8.01.2013, passed by the competent authority, declining representation of the respondent seeking grant of BPS-19. The petitioner was directed to grant BPS-19 and re-designate respondent No. 1 as Senior Private Secretary from the date he completed 12 years of service in BPS-17. 2. Facts in brief appear to be that the respondent No. 1 was originally appointed on 2.12.1978 in Finance Division, as LDC, he was then promoted as Stenotypist on 19.02.1980. He was then appointed in the office of Wafaqi Mohtasib as Stenographer in (BPS-15) on 19.02.1980, in which post he was confirmed on 08.12.1985. Later he was appointed in FPSC, in selection grade BPS-16 on 21.5.1998 with effect from 6.2.1997. However, his substantive post remained as that of Stenographer (BPS-15.). He earned promotion as Private Secretary (BPS-17) on 12.8.2011. Pursuant to Office Memorandum (OM) dated 23.12.2011 (@ page 35) with the concurrence of competent authority post of Private Secretary was upgraded, to BPS 18. 3. On 05.6.2012 respondent No. 1, made a request (@ page 26) for the grant of BPS-19 on the ground inter alia that pursuant to OM dated 2nd June, 1983 his total length of service comes to 12 years, 03 months and 26 days, thus entitled him for the grant of BPS-19, which request was declined vide order dated January 8th 2013 on the ground that he does "not hold the required length of 12 years service in BS-17 and above as per clarification from Establishment Division vide their U.O. No. 4/1/98-R-6 (Pt-II) dated 30.11.2012," which order of the competent authority was successfully challenged before the FST, and vide its impugned decision dated 08.2.2016 the petitioner was directed to grant BPS- 19 to the respondent and re-designate him as Private Secretary from the date of his completing 12 years of service in BPS-17 on the strength of formula laid down in Establishment Division O.M dated 02.6.1983, with back benefit. 4. Mr. Abdul Rasheed Awan learned…
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