Case Details

Citation(s)
1994 SLG 957 1994 SLD 957 1994 PLC 1403
Federal Service Tribunal, Islamabad
Appeal No. 403(R)- of 1993, decision dated: 27-03-1994.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, S.M. ISHAQ, RANA RIFAT SAEED AND M. ILYAS LODHI, MEMBERS

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ABDUL RASHID

VS

SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 2 others

Law:

Section:

(a) Civil service-------Promotion---Employee' who while serving as Director (BPS-19) had reached maximum BPS-20 by move-over, and though he had fulfilled all conditions prescribed for appointment to post of Director-General yet he was not considered for such promotion while co-employees who occupied same position were considered and were promoted to that post---On filing appeal before Service Tribunal one of the Members of Tribunal rejected claim of employee holding that Government had a right to appoint or pick and choose a proper person for a particular post/promotion in order to raise efficiency of Government service and that by doing so if any Government servant was not given promotion, no infringement of his fundamental right was caused--­Member found that Authority's action promoting co-employees in preference to employee was neither uncalled for nor unfair because it fell within domain of Government to transfer an incumbent from one post to another and that Government had discretion to upgrade a post for an officer of higher rank for improving efficiency and that Government had plenary powers to organize or reorganise Department or to make shifts and changes in postings and transfers to officers in order to streamline system---Nothing being on record to show that employee who otherwise had fulfilled conditions prescribed in rules for promotion had been ignored for such promotion due to certain adverse remark---Other Member of the Tribunal had differed with said finding of the Member and found that since employee did possess more than requisite experience and service length at relevant time according to rules, it was lawfully expedient and mandatory on .Authority to have considered him for promotion-Said other members of the Tribunal accepted appeal of employee to the extent that relevant authority would forward case of employee to appropriate Authority/Selection Board/Establishment Division within prescribed period for consideration of promotion of employee---Chairman of the Tribunal agreed with finding of that other Member that case of employee should be forwarded to appropriate Authority/Central Selection Board within specified time for consideration…
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