| Citation(s) |
|---|
| 1983 SLG 1768 1983 SLD 1768 1983 PLC 835 |
Federal Service Tribunal, Islamabad
Appeal No. 1 37 (R) of 1981, decided on 11th May, 1983.
MR., JUSTICE SHAH ABDUR RASHID, CHAIRMAN, A. O. RAZIUR REHMAN AND BRIG. (RETIL.) ABDUR RASHID, MEMBERS
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Appeal No. 1 37 (R) of 1981, decided on 11th May, 1983.
MR., JUSTICE SHAH ABDUR RASHID, CHAIRMAN, A. O. RAZIUR REHMAN AND BRIG. (RETIL.) ABDUR RASHID, MEMBERS
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RAMZAN MUHAMMAD CHAUDHRY
VS
SECRETARY, ESTABLISMENT DIVISTON GOVERNMENT OF PAKISTAN AND ANOTHER
Law:
Section:
(a) Civil service- - --Promotion --Promotion - To Grade-20 - Requirement of 15 year' service in Grade-17-Not applicable where initial appointment takes place in Grade-l9-Requirement in such circumstance-Service of more than 3 years in Grade-19 -- Establishment Division O.M. No. 3/7/74 AR-II dated 6-2-1975 (page 132 of Establishment Division Estacode, 1979). (b) Civil service- --Promotion--Average Reports in A.C.k.-No bar for promotion-Establishment Division O.M dated 22-2-1979 (cancelling page 78 of Establishment Division Estacode, 1979). (c) Civil service--- --Promotion ---Adverse remarks in A.C.R. not communicated-Cannot be taken into consideration for purpose of determination of fitness for promotion. (d) Civil Servants (Appointment. Promotion and Transfer) Rules, 1973- --Rr. 3 (2), 7 & x-Excluded post of Director in Grade 20 in Research and Statistics Directorate-Governed by rules framed in pursuance of sub-rule (2) of r. 3--Rules requiring post to be filled by promotion or by transfer and failing that by direct recruitment-Specific qualifications prescribed for post-Only one Joint Director eligible for promotion-Case considered by Central Selection Board but promotion not approved-Post filled either by giving additional charge or by transfer of Officers of Income-tax group-None of such officers possessing requisite qualifications--Service Tribunal finding that case of Joint Director not placed properly before Selection Board-Appointment of those not possessing requisite qualifications, in circumstances, held, illegal and direction issued for considering properly case of eligible Joint Director--Service Tribunals Act (LXX of 1973), S. 4. Mansoor Ahmad for Appellant. Syed Shahudul Hugue, State Counsel for Respondent. Date of hearing : 5th May, 1983. JUDGMENT ABDUR RASHID, (MEMBER). - The appellant, Ramzan Muhammad Chaudhry, who had been a Statistical Officer (equivalent of Grade-17) in the O &. M Wing of Establishment Division since 1-2-1966 was, on 29-3-1975, recommended by the Federal Public Service Commission for appointment as Joint Director (Grade-19) in the Directorate of Research and Statistics (DRS). a subordinate office of the Central…
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