Case Details

Citation(s)
1994 SLG 495 1994 SLD 495 1994 PLC 30
Federal Service Tribunal, Islamabad
Appeal No.49(R) of 1993, decision dated: 29-06-1993
ABDUL RAZZAQ A. THAHIM CHAIRMAN AND S.M. ISHAQ, MEMBER
Appellant in person. Faqir Muhammad Khokhar, Dy. AttorneyGeneral and Sheikh Riazul Haq, Standing Counsel for the Government.

ALI KHAN SUBHOPOTO

VS

SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and another

Law:

Section:

Service Tribunals Act (LXX of 19731S. 4AppealEmployee who was working as Assistant Solicitor, had challenged in appeal notification whereby Additional District and Sessions Judge, was appointed as Deputy Solicitor on deputationEmployee had alleged that the very appointment of Deputy Solicitor on deputation was contrary to Recruitment Rules as person concerned was not fit to be appointed on deputation and it was right of persons already working in the Department for promotionOn representation made by employee to Establishment Secretary same was examined and Establishment Division vide office memorandum addressed grievance of employee considering that appointment of Deputy Solicitor on deputation was irregular ab initioEmployee in appeal before Tribunal had prayed that said office memorandum of Establishment Division, be implementedEmployee in his appeal had not impleaded person who was appointed as Deputy Solicitor as partyEmployee otherwise had no grievance as he was not eligible for .promotion as there were other officers senior to him who were also not made party in appealAppeal was filed by appellant/employee two years after appointment of Deputy Solicitor, despite the fact that appellant being working in same Ministry was fully aware of such appointmentAppellant in circumstances, was not eligible for promotion as two officers were senior to himAppeal filed by appellant, otherwise, was not maintainable as he had not impleaded necessary parties in appeal and appeal was hopelessly timebarred. PLD 1975 Kar. 373; 1986 SCMR 860; PLD 1980 SC 961; PLD 1973 SC 964; PLD 1972 Lah. 847; The Chairman, PIAC and others v. Nasim Malik PLD 1990 SC 951 and AIR 1973 SC 964 ref. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).The facts of this case are that the appellant is working as Assistant Solicitor in the Law and Justice Division since 411986. He has preferred this appeal to challenge the notification dated 26th December, 1990 whereby Mr. Syed MasoodulHasan Shah, Additional District and Sessions Judge, Rawalpindi has been appointed as Deputy Solicitor in BPS19 on deputation in the Law and Justice Division for a period of three years. The contention of the appellant is that…
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