Case Details

Citation(s)
2019 SLG 3123 2019 SLD 3123 2019 PLC 1331

Civil Miscellaneous No. 295 of 2018, decision & hearing Dated: 27-03-2019.
MALIK HAQ NAWAZ, JUSTICE MUHAMMAD UMAR, JUSTICE
Petitioner(s) by: Raja Shakeel Ahmad
Respondent(s) by: A.A.G. assisted by Manzoor Ahmad

FAZIL SHAH

VS

GOVERNMENT OF GILGIT-BALTISTAN THROUGH CHIEF SECRETARY 6 OTHERS

Law:

Section:

Civil service--- ----Petition for implementation of of Service Tribunal whereby department was directed to issue his promotion order---Contention of department was that it was directed to issue promotion order of the petitioner according to the approved recruitment and promotion rules and that since, the petitioner lacked required length of service therefore, his promotion order was not issued---Validity---Held; Contentions of department were of no substance---Department was directed to implement the order of the Service Tribunal in its true letter and spirit---Petition was accepted. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, J.---- The instant Civil Miscellaneous No.295 of 2018 has been filed by the petitioner with the following prayer:-- "In view of the above facts and law it therefore humbly prayed that this Hon'ble Court may be pleased to admit this petition for implementation of judgment/order dated 13.04.2015 passed by Gilgit-Baltistan Service Tribunal in Service Appeal No.268/2014, and judgment dated 27.11.2017 in Civil Appeal No.84/2017 in C.P.L.A. No. 75/2015 passed by Hon'ble Supreme Appellate Court Gilgit-Baltistan with the direction to the respondents to implement the above judgments without fail and in true spirit with all benefits of pension and salary to the petitioner. Or any other remedy which this Hon'ble Court deems proper may be granted to meet the ends of justice." 2. The brief facts of the case are that the petitioner filed an Appeal No. 268/2014 before Service Tribunal G.B. which was decision dated: 13.04.2015. The paras Nos. 8 and 9 of the judgment are reproduced for ready reference:- 8. Nutshell of the above discussion is that on creation of the post of CSO Astore BPS-16, post of CSI BPS-08 holding by appellant was abolished and appellant was allowed to hold the post of CSO Astore BPS-16. He was also allowed to draw his pay against the newly created post of CSO BPS-16. Salary slip against the post of CSO Astore was also issued to appellant from AGPR. He has also availed increment against said post since 13.09.2008. Feeding post for promotion to the post of CSO BPS-16 is Storage officer BPS-09 as per recruitment rules. On 07-03-2014…
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