Case Details

Citation(s)
2023 SLG 425 2023 SLD 425 2023 PLC 336
Supreme Court of Pakistan
Civil Petitions Nos. 3157 to 3165 of 2022, decision Dated: 26th September, 2022. (Against the judgment Dated 21.05.2022 passed by the Federal Service Tribunal, Islamabad, in Appeals Nos. 305(R) to 313(R) CS of 2020) heard on: : 26th September, 2022.
SARDAR TARIQ MASOOD, AMIN-UD-DIN KHAN AND MUHAMMAD ALI MAZHAR, JJ

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FEDERATION OF PAKISTAN through Secretary, Ministry of National Health Services

VS

JAHANZEB and others

Law:

Section:

(a) Civil service--- ----Move-over policy---Scope---Move-over cannot be construed as promotion to the post of higher Basic Pay Scale, but the higher pay scale is treated to be an extension of the existing Basic Pay Scale of the post held by the employee---If an employee was not promoted and meanwhile reached to the maximum stage of his pay scale then obviously, he could be stagnant in his earlier pay scale due to attainment of maximum stage, therefore, as per erstwhile move-over Policy, the modus of move-over was devised to cope with such situations in accordance with the criteria provided under SI. No. 73 to SI. No. 91, (O.M. 1975 to 1999) incorporated in the Establishment Code 2007. (b) Fundamental Rules--- ----F.R. 17---Proforma promotion---Scope---If a person is not considered due to any administrative slip-up, error or delay when the right to be considered for promotion is matured and without such consideration, he reaches to the age of superannuation before the promotion, then obviously the avenue or pathway of proforma promotion comes into field for his rescue---If he lost his promotion on account of any administrative oversight or delay in…
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