| Citation(s) |
|---|
| 2017 SLG 268 2017 SLD 268 2017 PLJ 9 |
Federal Service Tribunal, Islamabad
Appeal No. 132(K)CS of 2011, decided on 25.4.2016, heard on: 18.4.2016.
SYED ARSHAD ALI & SALMAN ANSARI, MEMBERS
Ms. Raana Khan, Advocate alongwith Appellant. Mr. Sanaullah Noor Ghouri, Advocate for
Respondents alongwith departmental representative Javed Iqbal.
Appeal No. 132(K)CS of 2011, decided on 25.4.2016, heard on: 18.4.2016.
SYED ARSHAD ALI & SALMAN ANSARI, MEMBERS
Ms. Raana Khan, Advocate alongwith Appellant. Mr. Sanaullah Noor Ghouri, Advocate for
Respondents alongwith departmental representative Javed Iqbal.
MUHAMMAD NAWAZ MINHAS-
VS
DIRECTOR GENERAL, PAKISTAN RANGERS (PUNJAB), LAHORE AND others
Law:
Section:
Pakistan Rangers Recruitment Rules, 1968---- --------R. 16(4)----Promotion was due----Retirement on superannuation----Challenge to----Condonation of delay----Claiming promotion after retirement from service from back date----Promotion cannot be claimed as matter of right----Wrong forums----Validity----Litigation before incompetent forum would not justify condonation of delay even if it was due to wrong advice of counsel----Tribunal did not find any cogent reasonable and plausible ground to condone delay in filing appeal, the same was dismissed. 2007 SCMR 1560, 2010 SCMR 1982, 2011 SCMR 676, 1987 SCMR 92, 2011 PLC (CS) 671, rel. PLD 1983 SC 385, 1984 SCMR 890, 1985 SCMR 333, 1975 SCMR 259, 1991 SCMR 1841, ref. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, MEMBER:---.--- The appellant, above-named, being aggrieved and dissatisfied with the impugned order dated 05.05.2010 in which the appellant had been retired w.e.f. 08.03.2003 without giving due promotion and other benefits for which he was entitled under Rule-16(4) of Pakistan Rangers Recruitment Rules, 1968 had filed a Const. Petition # D-111/ 2011 in the Hon'ble High Court of Sindh at Karachi which was disposed of on the point of jurisdiction with direction to approach the Federal Service Tribunal for redressal of his grievances in accordance with law; hence, this appeal praying that the appellant be granted all due promotions from 1992 till his retirement on superannuation w.e.f. 04.05.2008 from the present rank of Inspector to SSR (BS-19) with all back benefits. In addition, the period of 8.3.2003 to the date of superannuation i.e. 4.5.2008 be treated as spent on duty. 2. The factual position as per memo of appeal is that the appellant joined Sutlej Rangers Lahore as Sepoy on 10.08.1963 and was promoted as Havaldar Clerk in 1971; later on promoted as Sub-Inspector (General Duty) in 1975. Subsequently, promoted to the rank of Inspector on 24.09.1983 after passing of promotion examination. Meanwhile, the appellant was detailed as security Incahrge at Governor House, Sindh in December 1983. Further by virtue of departmental proceedings, the appellant was confirmed as Inspector on 24.09.1984. The appellant…
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