Case Details

Citation(s)
1994 SLG 329 1994 SLD 329 1994 PLC 630
Supreme Court of Pakistan
On appeal from the judgment of the Federal Service Tribunal, Islamabad, dated 20-4-1993 in Appeal No. 278-L/1992
FAZAL ILAHI KHAN AND MANZOOR HUSSAIN SIAL, JJ
Mumtaz Ali Mirza, Dy. A.G. and Ch. Akhtar Ali, Advocate-on-Record for Petitioners.

FEDERATION OF PAKISTAN and others

VS

MUHAMMAD QAISAR HAYAT KHAN

Law:

Section:

Constitution of Pakistan (1973)Art. 212(3)Civil servant was denied moveover to B.S. 18 on ground that he having only earned "average" Annual Confidential Reports in the preceding five years was not entitled to grant of moveoverValiditySupreme Court having laid down a dictum in Muhammad Anwar's case (PLD 1992 SC 144) that if there was no adverse report against civil servant and he had got average reports they would have to be treated as generally good for purpose of move-­over; Service Tribunal acted on such dictum and ordered moveover of civil servantService Tribunal had correctly applied dictum of Supreme Court and thus no case was made out for interference in the judgment in question of Service TribunalLeave to appeal was refused: Muhammad Anwar v. The Secretary, Establishment Division and others PLD 1992 SC 144 rel. ORDER MANZOOR HUSSAIN SIAL, J. The Federation of Pakistan through Secretary, Establishment Division and three others have called in question the validity of judgment dated 2041993, passed by the Federal Service Tribunal (hereinafter referred to as "Tribunal"), in Service Appeal No.278(L) of 1992. 2. The -Respondent employed as Electronic Engineer, in BPS17, in Pakistan Meteorological Department, was denied moveover to BPS18, with effect from 1-121984, on the basis of the decision of the departmental authority. He approached the Tribunal in appeal which was accepted vide impugned judgment dated 2041993, and he was granted the relief prayed for, by him in the appeal.…
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