Case Details

Citation(s)
1989 SLG 1898 1989 SLD 1898 1989 PLC 745
Federal Service Tribunal, Islamabad
Appeal No. 43(K) of 1985, decided on 3rd June, 1989.
SYED ALLY MADAD SHAH, CHAIRMAN AND RASHEED-UD-DIN ARSHAD, MEMBER
Nametullah J. Qureshi for Appellant. Niaz Ahmad Khan for
Respondents.

RASHID AHMAD MUGHAL

VS

SECRETARY, MANPOWER DIVISION, ISLAMABAD and another

Law:

Section:

(a) Civil service-- --- Establishment Division, Office Memorandum No. 4/16/81-T, IV, dated 8th October, 1981--Grant of diplomatic status--Essentials--Formula embodied in the memorandum dated 8th October, 1981, extended to civilian officer of Ministries/Divisions who were posted abroad at that time and also to those who were to be posted to Pakistan Mission abroad thenceforth--Interpretation of such formula by the department that same was applicable to those officers who, had completed five years' service in Grade-18, before their posting to Pakistan Missions abroad, was not in consonance with the text of the Memorandum-­Status/rank of civilian officers who were serving in the Pakistan Missions abroad was to be determined on the basis of the formula as laid down in the Membrandum, dated 8th October, 1981. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--Appeal before Service Tribunal--Limitation--Civil servant feeling aggrieved by Notification dated 30-5-1984, filed departmental appeal on 14-6-1984, awaited decision thereon till 7-3-1985 when he was informed that his request could not be acceded to and then filed appeal on 13-4-1985--Appeal thus filed was well within the period of limitation of thirty days provided under S. 4(1) of Service Tribunals Act, 1973. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).--Appellant Mr. Rashid Ahmad Mughal was a Deputy Director (B-18), Bureau of Emigration and Overseas Employment, Islamabad, when he was appointed as a Labour Attache with the diplomatic status of Second Secretary (Senior Grade) in the Embassy of Pakistan, Baghdad, vide Memo. No. 12-2-(1)/80-Estt., dated the 10th. February, 1981, from the date of assumption of charge of the post in the Mission, on the terms and conditions contained therein. By Office Memorandum No. 4/16/81­T.1V, dated the 8th October, 1981, the Establishment Division circulated a formula regarding grant of diplomatic status to those civilian officers of Ministries/Division "who are/shall be posted to Pakistan Missions abroad". It is reproduced below:-- OFFICE MEMORANDUM Subject:- Grant of diplomatic status to Civilian Officers of other Ministries/Divisions who are posted in Pakistan Missions Abroad.…
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