Case Details

Citation(s)
1996 SLG 530 1996 SLD 530 1996 PLC 487
Federal Service Tribunal, Islamabad
Appeals Nos. 263(L), 424(R)/ 312(L), 425(R)/313(L) of 1994, decision dated: 30-05-1995, hearing DATE : 17-11-1994
MUHAMMAD ISMAIL AND NOOR MUHAMMAD MAGSI, MEMBER

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ASGHAR ALI CHAUDHRY

VS

GOVERNMENT OF PAKISTAN through Secretary, Establishment Division and 5 others ASGHAR ALI CHAUDHRY Vs GOVERNMENT OF PAKISTAN through Secretary, Establishment Division and 5 others

Law:

Section:

(a) Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975--- ----Rr. 6, 12 & 13---Promotion---Appointments by promotion in the Department to B-18 were to be' made within six groups mentioned in R.12, Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975--­Civil servants working in one of the six groups, could get their due share for promotion within that group and had no locus standi to claim promotion out of their group in view of fact that promotion to higher posts, reserved for promotion quota, could be made within groups and not collectively. PLD, 1994 SC 539; PLD 1994 SC 345; PLD 1987 SC 172; 1991 SCVR 1041; PLD 1980 SC 972; 1993 SCMR 1869; 1993 PLC (C.S.) 14 and 1993 PLC (C.S.) 14, ref. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal---Maintainability---Civil servants working in their respective groups of service had filed appeal against notification according to which co-civil servants were promoted from Grade-17 to Grade-18 without taking into consideration allocation of posts in various groups of service---Appeal filed by civil servants' was objected to on ground that same was not maintainable as question involved in that appeal was that of fitness of civil servants for promotion and that Tribunal was not competent to adjudicate that point in appeal---Objection to maintainability of appeal had no substance because civil servants' main contention in appeal was that allocation of posts for promotion had not been made judiciously and that number of posts for promotion under each group of service had not been determined in accordance with spirit of Establishment 15ivision's directions---Question of fitness of civil servants for promotion being not involved, Service Tribunal had full jurisdiction to adjudicate matter involved in appeal. 1991 SCMR 2330 ref. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER). ---These four appeals have been fried by M/s. Asghar Ali Chaudhry, Saif-ur-Rehman, Malik Javed Ahmed and Rana Irfan Hussain Khan challenging the issuance of a notification dated 16-5-1994, whereunder the private respondents herein have been promoted as Deputy Directors (B-18) in the Federal…
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