Case Details

Citation(s)
2021 SLG 60 2021 SLD 60 2021 SCMR 46
Supreme Court of Pakistan
Civil Appeal No. 559 of 2020, decision Dated: 16-09-2020, hearing Date : 16-09-2020. (Against Order Dated 05.06.2018 of Federal Service Tribunal, Islamabad passed in R.P. No. 75 of 2018 in M.P. No. 3155 of 2017 on Appeal No. 1781(R)CS of 2011)
IJAZ UL AHSAN, JUSTICE
Sajid Ilyas Bhatti, Additional Attorney General for Pakistan and Syed Rifaqat H. Shah, Advocate-on-Record for Appellant.

SECRETARY ESTABLISHMENT DIVISION, ISLAMABAD

VS

TAHAWWAR AHMAD

Law:

Section:

Fundamental Rules--- ----F.R. 17---Civil servant granted pro forma promotion to BS-22 on orders of the Federal Service Tribunal---Allotment of additional plot, entitlement to---Civil servant who was granted proforma promotion was entitled only to arrears of pay and allowances of such higher post and nothing more---Question of allotment of an additional plot in terms of the Governments policy did not relate to or grant any benefit to the civil servants who had been granted proforma promotion as the same was limited to civil servants who were eligible and had been promoted/inducted as Federal Secretaries---Service Tribunal in its original had granted respondent-civil servant ante-dated promotion only---Tribunal while exercising jurisdiction for implementation of its lacked powers as well as jurisdiction to modify or amend its original which was limited to grant of ante-dated promotion only---On a miscellaneous petition filed by the respondent the Tribunal acted illegally and without jurisdiction by expanding the scope of its original in directing the competent authority to process the case for allotment of an additional plot in favour of the respondent---In passing such order, the Tribunal neither considered the meaning and scope of FR-17 nor the policy of the Government---Order passed by the Tribunal to process the case for allotment of an additional plot in favour of the respondent was set aside. Service Tribunal while allowing the appeal of the respondent-civil servant granted ante-dated promotion only and did not grant the other reliefs that he had prayed for in his appeal which was evident from the perusal of the . Only the prayer to the extent of grant of ante-dated promotion was allowed and the other prayers made in the service appeal were declined. The respondent thereafter filed a miscellaneous petition seeking implementation of the said of the Tribunal. The said petition was allowed. However, in allowing the said petition the Tribunal effectively modified its original by directing that the respondent may be granted proforma promotion with all consequential, financial and other benefits and all privileges attached with the grades/posts within two months.…
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