Law: Constitution of Pakistan, 1973

Section: 212(3)

Service Tribunals Act (LXX of 1973)--S.4--Constitution of Pakistan (1973), Art.212(3)--Leave to appeal granted after condoning the delay to consider questions that Tribunal had failed to appreciate that civil servant's appeal was barred under S.4 of the Act; that impugned order was not an order passed in appeal but on original representation; that even if appeal was competent same was barred by time and ought to have been dismissed on that ground alone and that the educational institution was recognised only for electrical course and not for civil mechanical etc. and civil servant not being a person qualified under the Rules could not be considered for promotion or appointment in Grade-16. Muhammad Sadiq Abbasi, Advocate Supreme Court and Khan Imtiaz M.Khan, Advocate-on-Record for Petitioner. Respondents in person. Date of hearing: 21st June, 1988. ORDER ABDUL KADIR SHAIKH, J.--This is a petition fur leave to appeal from the judgment of Federal Service Tribunal dated 1-8-1987 by which respondent's appeal was allowed with the direction that he "is entitled to be granted Grade-16 as a qualified and/or unqualified sub-Engineer, without any reservation. Facts of the case briefly stated are that respondent joined service on 20­12-1968 as a Surveyor under the petitioner-Authority. At that time he had put in one year service in the Government School of Engneering, Rasool (Punjab) but had not completed the prescribed period of two years' service for Overseers-Certificate Course. He however cleared a diploma course in Civil Engineering, from the School of Electricians, Lahore in 1973 and was appointed as Overseer (Civil) with effect from 11-11-1974. On 22-2-1984 he made an application that having completed 10 years service, he was eligible for upgradation m BPS-16. His request was rejected under letter dated 23-7-1985, and being…

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