Law:

Section:

Civil service--- ----Promotion---Similarly placed employees---Entitlement to the same relief---Point of law relating to terms of service of civil servant decided by the Service Tribunal or the Supreme Court---Where such point of law covered not only the case of the civil servants who litigated, but also of other civil servants, who may have not taken any legal proceedings, the dictates of justice and rule of good governance demanded that the benefit of the point of law be extended to other civil servants, who may not be parties to the litigation instead of compelling them to approach the Tribunal or any other legal forum. Hameed Akhtar Niazi v. Secretary, Establishment Division 1996 SCMR 1185 and Abdul Hameed Nasir v. National Bank of Pakistan 2003 SCMR 1030 ref. THIS JUDGMENT DELIVERED BY: IJAZ UL AHSAN, JUSTICE:---.--- Through this single judgment, we propose to decide the titled Civil Petitions as identical questions of law have been raised therein. 2. Leave to appeal is sought against a judgment of Federal Service Tribunal, Lahore, dated 01.02.2017. Through the impugned judgment, various appeals filed by the Respondents have been allowed in the following terms:- "The respondents are directed to grant time scale placement in BS-18 to the appellants from the dates on which they had completed ten years' service in BS-17 in terms of the aforesaid rules. By so calculating the service rendered by the appellants on work-charge basis will be counted. Resultantly and consequently the appellants will also be entitled to grant of move-over in BS-19 in accordance with the relevant rules. The process shall preferably be completed within a period of three months." 3. The controversy revolves around rule 61C(1) of Pakistan WAPDA (Water Wing) Scientific Officers Service Rules, 1980. For ease of reference, the said rule is reproduced below:- "A holder of a post in NPS-17 in the Service who has not been. promoted due to non-availability of vacancy in his cadre will be placed in grade 18 after 10 years of service provided he has passed Departmental Professional Examination if any, prescribed for his cadre, and is considered suitable for promotion to that grade by the…

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