Case Details

Citation(s)
1995 SLG 1481 1995 SLD 1481 1995 PLC 797
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 613 of 1993, decided on 5th December, 1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ

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FEDERATION OF PAKISTAN, RAILWAY DIVISION through General Manager (Personnel), Pakistan Railways, Lahore

VS

MUHAMMAD ANWAR CHAUDHRY

Law:

Section:

(On appeal from the dated 10-10-1993 of the Federal Service Tribunal, Islamabad in Appeal No. 52(Q) of 1993). Constitution of Pakistan (1973)--- ----Art. 212(3)---Move-over---Entitlement---Service Tribunal while accepting civil servant's appeal directed that Civil servant promoted on acting, charge basis was entitled to grant of move over to next higher grade when due for that Validity---Authority in support of petition for leave to appeal contended 'that move-over could not be allowed to civil servant holdings on acting charge basis---There being some confusion about capability of a civil servant­ for, move-Ever and authoritative decision by Supreme Court being necessary to set at rest such confusion and misgiving about competency of civil servants to claim move-over, leave to appeal was granted in circumstances. ESTACODE, 1989 Edn., p.658; Federation of Pakistan v. Azam Ali and others 1985 SCMR 386; Federation of Pakistan v. Shahzada Shahpur Jan 1986 SCMR 992 and Imdad Ali Khan-v. Pakistan and another PLD 1986 SC 349 ref. Ch. Fazal-i-Hussain, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 5th December, 1994. ORDER MUKHTAR AHMED JUNEJO, J.---Federation of Pakistan has sought leave to appeal against a judgment dated 10-10-1993 delivered by the Federal Service Tribunal, allowing respondent Muhammad Anwar Chaudhary move over in BPS-18 with effect from 1-12-1987. Respondent Muhammad Anwar Chaudhary joined Pakistan Railways as Apprentice Permanent Way Inspector on 23-6-1959. On 8-3-1966 he was promoted as Permanent Way Inspector in BPS-12. On 1-5-1977 he was promoted as Sub-Engineer Way Grade-III in RNSP-16. He claimed move over to BPS-18 with effect from 1-12-1987 on the ground that he had reached maximum of the scale in BPS-17 on 1-12-1986 and that he was promoted to BPS-17 on 31-5-1982. The respondent was not allowed move over to BPS-18 in spite of a circular Letter No.561-E/96-1(ACME), dated 26-1-1991 from the Divisional Superintendent, Pakistan Railways, Quetta laying down, on the basis of a decision by the Railway Board, Lahore vide their Letter No. 2/25/85-A-II, dated 5-12-1990, to the effect that move over to next higher scale…
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