Case Details

Citation(s)
1994 SLG 533 1994 SLD 533 1994 PLC 102
Federal Service Tribunal, Islamabad
Appeals Nos. 57 to 60(L) of 1993, decision dated: 28-06-1993.
RANA RIFAT SAEED AND MISBAH ULLALH KHAN, MEMBERS ZAFAR ULLAH AND 3 OTHERS
Appellants in person. Raheemuddin for
Respondents.

VS

CHAIRMAN, RAILWAY BOARD and another

Law:

Section:

Civil serviceMoveoverEntitlement toEmployees who were working in Establishment against appointments in (B17) for a long time on acting charge basis were granted moveover to (B18) due to long and continuous appointment in the said gradeOther employees who were holding appointments in (B17) on acting charge basis since 7/8 years back and facts and merits in their case were similar to the other employees having had move­-over strong reasons and justifications were available to allow moveover to (B­18) to such employeesService Tribunal directed the Authorities to consider their cases for moveover and if nothing adverse was in their relevant service record, they should be allowed moveover to (B18) with effect from due dates. Rao M. Yasin Khan v. M/O Education 1986 PLC (C.S.) 66 and Anwar Hussain v. Secretary, Establishment Division 1990 PLC (C.S.) 95 ref. JUDGMENT MISBAH ULLAH KHAN (MEMBER): Since these Appeals Nos.57(L), 58(L), 59(L), 60(L) of 1993 contain identical facts and points, these have been heard and disposed of together through this consolidated judgment. 2. At the very outset and start of the hearing, the appellant had referred to two judgments in Appeal No. 450(0) of 1989, decided on 1351991 and identical Appeals Nos. 67, 68, 69 and 70(L)/92, decided on 421W2 which contained identical facts and points with reference to the instant appeals and had been accepted/decided in favour of the appellants who had been working in Pak Railways against B17 appointments for a long time on acting charge basis and had reached the maximum of B17. The learned FST had given the verdict in their favour for moveover to B18 as the long and continuous appointments of B17 though on acting charge basis yet did entail allowing annual increments etc. to them. These appointments should have been held by the appellants on regular basis, if the posts did not require to be filled through direct selection/FPSC/Railway Board and which had been delayed by the respondentDepartment over a long time over the past years for no fault of the appellants. 3. In Appeal No. 450(0)/89 Fazal Karim v Chairman, Railway Board and others, the FST vide concluding paras. 4 and 5 had given the judgment as…
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