Case Details

Citation(s)
1995 SLG 320 1995 SLD 320 1995 SCMR 1202
Supreme Court of Pakistan
Civil Petition for Leave to. Appeal No. 436 of 1994, decided on 14th February, 1995.
MANZOOR HUSSAIN SIAL AND MIR HAZAR KHAN KHOSO, JJ
Shah Abdur Rashid, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate on Record for Petitioner. Nemo for
Respondents.

Haji KALBE ALI WAZIR

VS

FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and 6 others --Respondents

Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)   Art 212 (3) Promotion Selection Board not according promotion to civil servant Civil servant not filing departmental appeal against that order ¬Instead of challenging the order (whereby promotion was not accorded to him) in regular appeal civil servant had moved miscellaneous application pertaining to his old appeal Service Tribunal was justified in not granting relief to civil servant on basis of old appeal which had nothing to do with existing refusal of Selection Board to promote him Leave to appeal was refused in circumstances. ORDER MIR HAZAR KHAN KHOSO, J:The petitioner was working as Executive Engineer, BR Division, Northern Area P.W.D., Skardu. He was considered by the Selection Board alongwith others for promotion to the post of Superintending Engineer and was not found fit. His companions were promoted to the post of Superintending Engineer. Through Appeal No.408/(R) of 1991 the petitioner challenged the same before the Federal Service Tribunal, Islamabad. Vide judgment dated 18 1 1993 the Federal Service Tribunal remanded the case to the Selection Board and directed that all the factors including the circumstances of non communication of cite A.C.Rs. of 1977 and 1990 in respect of the petitioner be considered afresh and the case be decided in accordance with law. However, it is grievance of the petitioner that vide Office Order NO.D.0.20/1/90 CB 3, dated 10 2 1994, the Central Selection Board did not accord promotion to the petitioner. The petitioner, therefore, filed Miscellaneous Petition No.88/94 challenging the order of the…
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