| Citation(s) |
|---|
| 1989 SLG 1809 1989 SLD 1809 1989 PLC 609 |
Federal Service Tribunal, Islamabad
Appeals Nos. 206-R and 220-8 of 1986, decided on 18th March, 1989.
SYED ALLY MADAD SHAH, CHAIRMAN AND RASHEED-UD-DIN ARSHAD, MEMBER
Raja Muhammad Asghar Khan for Appellant (in Appeal No. 206(R) of 1986) Hafiz SA. Rahman for
Respondents (in Appeal No. 206(R) of 1986), Hafiz SA. Rahman for
Respondents (in Appeal No. 220(R) of 1986).
Appeals Nos. 206-R and 220-8 of 1986, decided on 18th March, 1989.
SYED ALLY MADAD SHAH, CHAIRMAN AND RASHEED-UD-DIN ARSHAD, MEMBER
Raja Muhammad Asghar Khan for Appellant (in Appeal No. 206(R) of 1986) Hafiz SA. Rahman for
Respondents (in Appeal No. 206(R) of 1986), Hafiz SA. Rahman for
Respondents (in Appeal No. 220(R) of 1986).
MUHAMMAD AFTAB MAHMUD
VS
SECRETARY, ESTABLISHMENT DIVISION and 129 others
Law:
Section:
(a) Civil service-- --- Estacode (1983 Edn.), pp. 744 to 749--Office memo. No. 1/2/75-ARC, dated 27th January, 1975, para. 9--All Pakistan Unified Grades--Promotion to Grade-18--Length of service--Five years of service in Grade 17 is the minimum requirement for eligibility for promotion to Grade 18, but rendering of five years service would not ipso facto entitle the incumbent to enter Grade-18 by promotion--Contention that posts in Grade 18 were lying vacant and Civil servants in Grade 17 should not have been denied promotion after they had rendered five years' service in Grade 17 is misconceived as filling of the posts lay within the discretion of concerned authorities depending upon the expediency of service and civil servants were considered for promotion at the appropriate time. (b) Civil service-- ---Civil servant's promotion from specified date with benefits of fixation of pay including. seniority benefits--Civil servant's claim for monetary benefits of pay and allowances of higher grade from the date of promotion and fixation of pay to be allowed even for the period of retrospective pro forma promotion. 1985 S C M R 1394 and P L D 1986 S C 349 rel. (c) Service Tribunals Act (LXX of 1973)-- -----S. 4--Civil Servants (Appeal) Rules, 1977, R. 4(1)--Appeal--Competency-Limitation--Cause ' of action for agitating their case of promotion with retrospective effect arose to civil servants when they were promoted--Civil servants having preferred appeals to Prime Minister, and awaiting decision thereon for statutory period of ninety days, preferred appeals before Service Tribunal within limitation--Civil servants were allowed monetary benefits. on promotion to Grade 18 with effect from the date from which they had been allowed fixation of their pay and denied the benefit of arrears. JUDGMENT SYED ALLY MADAD SHAH '(CHAIRMAN).--Both the appeals are of identical nature. They have been heard together. They are disposed of by this one judgment. 2. Both the appellants are Section Officers in the Office Management Group. The appellant Mr. Muhammad Aftab Mahmud (Appeal No. 206(R) of 1986) is posted m the Establishment Division, while the appellant Mr. Sikandar Hayat…
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