| Citation(s) |
|---|
| 1996 SLG 552 1996 SLD 552 1996 PLC 532 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 426 of 1995, decision dated: 19-12-1995
MAMOON KAZI AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Raja Abdul Ghafoor, Advocate-on-Record. Nemo
Civil Petition for Leave to Appeal No. 426 of 1995, decision dated: 19-12-1995
MAMOON KAZI AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Raja Abdul Ghafoor, Advocate-on-Record. Nemo
MUHAMMAD SIDDIQUE
VS
SECRETARY TO GOVERNMENT OF PAKISTAN, MINISTRY OF EDUCATION and 2 others MUHAMMAD SIDDIQUE Vs SECRETARY TO GOVERNMENT OF PAKISTAN, MINISTRY OF EDUCATION and 2 others
Law:
Section:
Constitution of Pakistan (1973) ----Art. 212(3)---Selection Grade---Civil servant's entitlement to be placed in Selection Grade (B-15)---Finance Division O.M. NO.FI(2)/R.1/91-762, dated 18-7-1991, whereby one-third of total strength of Physical Training Instructors who were holding qualification of .B.A./B.Sc. 2nd Division plus prescribed performance qualifications were entitled to be placed in Selection Grade (B-15)---Civil servant who lacked said educational qualification of B.A./B.Sc. 2nd Division was not covered by Office Memorandum of Finance Division--Service Tribunal found that appeal of civil servant for entitlement of selection grade was incompetent and not maintainable-- Validity---Finance Division of any Department or Division of Government was not debarred from prescribing and/or revising educational or professional qualifications for enhancement of efficiency in service of cadre---Government has the right to enhance qualifications and standards for recruitment and promotion in order to maintain efficiency in service---Nobody could claim any vested right in such policy of Government---Civil servant was not found entitled to selection grade---Leave to appeal was refused in circumstances. Government of N.-W.F.P. v. Dr. Sheikh Muzaffar Iqbal and others 1990 SCMR 1321 and Fida Hussain v. Secretary, Kashmir Affairs and Northern Affairs Division, Islamabad and another OLD 1995 SC 701 ref. ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J.---Leave to appeal is sought to assail a judgment dated I-6-1995 passed by the Federal Service Tribunal whereby the petitioner's claim for grant of premature increment in BPS-15 with effect from 1-6-1992 was not entertained. 2. Muhammad Siddique, petitioner, who is serving as Physical Education Instructor in a School under the Federal Directorate of Education, Islamabad, was provisionally allowed BPS-15 with effect from 1-6-1992 subject to verification by the A.G.P.R., Islamabad. The A.G.P.R., Islamabad, after verification, advised respondent No.2 to issue formal order granting the petitioner, selection grade in BPS-15. The issuance of formal order was, however, withheld. The petitioner feeling aggrieved, preferred an appeal…
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