Case Details

Citation(s)
1993 SLG 1395 1993 SLD 1395 1993 PLC 571
Federal Service Tribunal, Islamabad
Appeals Nos. 304(L) and 305(L) of 1986, decided on 1st April, 1991.
SYED ALLY MADAD SHAH, CHAIRMAN

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AMJAD ALI SHAMI and another

VS

SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI and 3 others

Law:

Section:

Civil service--- ---- Office Memo. No. F.(II)IMP/83, dated 18-8-1983---Move-over from BPS-17 to BPS-18---Civil Servants cases for move-over having become mature were to be examined and decided in accordance with the Rules/Orders which were subsisting at that time viz., those contained in Office Memo. dated 18-8-1983 as supplemented by Office Memo. dated 15-10-1984---Para. 6(d) of Office Memo. dated 18-8-1983, envisaged that cases of civil servants were to be considered as a case for their promotion to higher post---Minutes of Selection Committee which considered cases of civil servants for move-over, showed that such Committee laid down its own criteria for considering the move-over cases and ignored the instructions contained in the promotion policy---Appeals of civil servants were allowed with direction that cases of move-over should be re-examined in accordance with provisions of Office Memo. dated 18-8-1983 and promotion policy issued on 31-10-1982. Appellants in person. Nemo for Respondents Nos. 1 and 4. Abdul Hakeem, Stenotypist on behalf of Respondent No. 2. Sarfaraz Mahmood, Deputy Director on behalf of Respondent No. 3. Date of hearing: 31st March, 1991. JUDGMENT Both the appeals are of identical nature. The appellants Mr. Amjad Ali Shami (Appeal No. 304(L)/86) and Mr. Muhammad Qaiser Hayat Khan (Appeal No. 305(L)/86) are Electronic Engineers (B-17) in the Pakistan Meteorological Department at Lahore. The appellant Mr. Amjad Ali Shami reached the maximum pay of BPS-17 on 1-7-1983; while the appellant Mr. Muhammad Qaiser Hayat Khan reached that stage of maximum pay on 1-12-1983. As per rules, they could move-over to the pay scale in BPS-18 with effect from 1-12-1984 if they fulfilled the required conditions. They made representations individually for the benefit of move-over to BPS-18. The matter of their move-over remained under consideration. The Director General, Pakistan Meteorological Service, Karachi, published, under Office Memorandum dated 20-7-1986, names of the officers of the Meteorological Department who were allowed move-over from BPS-17 to BPS-18 with effect from 1-12-1984. The names of the appellants were not mentioned therein. They made…
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