| Citation(s) |
|---|
| 1993 SLG 1305 1993 SLD 1305 1993 PLC 406 |
Federal Service Tribunal, Islamabad
Appeal No. 18(L) of 1989, decided on 9th August, 1992.
CH. HASAN NAWAZ AND MUHAMMAD ISMAIL MEMBERS
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Appeal No. 18(L) of 1989, decided on 9th August, 1992.
CH. HASAN NAWAZ AND MUHAMMAD ISMAIL MEMBERS
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SADAQAT ALI
VS
DIRECTOR-GENERAL; DEPARTMENT OF SUPPLIES (ADMN. WING), KARACHI and 3 others
Law:
Section:
(a) Civil service- ---- Selection grade---Entitlement---Thirty-three per cent. (33%) posts of Upper Division Clerks/Senior Clerks of Grade BPS-7 were to be placed in Selection Grade BPS-9---Respondent who was junior to appellant was placed in selection grade---Validity---Office Memorandum dated 1-7-1987 envisaged that selection grade was to be granted on basis of seniority---Posts of Upper Division Clerks and those of Senior Clerks of BPS-7 to which appellant and respondent respectively belonged should be taken to belong to the same cadre---Appellant being senior to respondent, selection grade granted to respondent in preference to appellant involved clear injustice---Impugned order whereby respondent was placed in selection grade was set aside with direction that appellant be considered for placement in selection grade with effect from specified date on basis of seniority in BPS-7. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal---Limitation---Respondent was placed in Selection Grade on 21-9-1988---Appellant made representation on 10-10-1988---Appeal filed on 19-i-1989, was thus, within time. Muhammad Azam for Appellant. Hafiz Tariq Naseem for Respondents Nos. 1 to 3. Respondent No. 4 in person. Date of hearing: 9th August, 1992. JUDGMENT CH. HASAN NAWAZ (MEMBER): --Basic Pay Scales of Civil Employees of the Federal Government were revised by the Finance Division of the Government of Pakistan (Regulations Wing) and this policy decision was conveyed to the concerned quarters through Office Memorandum, dated 1-7-1987 (Annexure C). Under item 4(iii) of this Office Memorandum, 33% posts of Upper Division Clerks (BPS-7) were to be placed in Selection Grade (BPS-9). It was in pursuance of this decision that selection grade was granted to Mr. Muhammad Iqbal Upper Division Clerk (respondent No. 4), on the recommendation of the concerned Departmental Selection Committee as borne out from Office Memorandum, dated 21-9-1988 (Annexure `G'). 2. The validity of the order granting selection grade to respondent No. 4 has beg-n challenged by Mr. Sadaqat Ali. Senior Clerk (BPS-7) of the Office of Controller of Inspection Department of Supplies, Lahore, in this…
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