Law:

Section:

(a) Civil service- --Assessment of A. C. Rs. for purposes of selection for promo­tion-Departmental Promotion Committee highlighting only negative remarks and ignoring all good remarks-Civil servant, in circum­stances, held, did not receive a fair deal by such Committee. (b) Civil Servants Act (LXXI of 1973)- ---S. 13 (ii) and Service Tribunals Act (LXX of 1973), S. 4 read with Provisional Constitution Order (1 of 1981), Art. 13 (1)­Retirement after completion of 25 years service qualifying for pension-Bar of jurisdiction of Service Tribunal-Not applicable in mala fide exercise of powers of retirement-Mala fide act stands on same footing as act done without jurisdiction-Grade-17 Officer cleared and recommended for inducted to Interdepartmental Code of Accounts Group by Departmental Promotion Committee-Such fact indicative that ho was considered useful to the service-- Retirement made only within three months of such approval, in circumstances, held, indicative of mala fide-Original record not produced despite order of Tribunal-Tribunal, in circum­stances, drawing adverse conclusion aid expressing doubt in retirement order having been passed by competent authority and accepting assertion of appellant that impugned retirement order was malicious -Impugned retirement order, in circumstances, set aside and appellant, held, deemed to have not been retired. State v. Zia-ur-Rahman P L D 1973 S C 49 and Federation of Pakistan v. Saeed Ahmad P L D 1974 S C 151 ref. (c) Service Tribunals Act (LXX of 1973)- --S. 4-Appeal before Tribunal-Claim not contained in memo, of appeal-Tribunal refusing to take cognizance of such claim Kanwar Mukhrar Ahmad for Appellant. Niaz Ahmad Khan for the State. Date of hearing : 15th November, 1983. JUDGMENT ABDUR RASHID (MEMBER).-Facts of the case are that the appellant joined service in the Military Accounts on 1st May, 1943. He was promoted D. A. C. M. Class 11 on 7th April, 1951 upgraded to Class I on 1st March, 1969 (and on the introduction of N. P, S. w.e.f. 1st March, 1972, he was placed in Grade-17). He was appointed as Group Officer (equivalent to Grade-18) w. e. f. 8th September, 1971 against an existing vacancy in the Pakistan…

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