Case Details

Citation(s)
1996 SLG 724 1996 SLD 724 1996 PLC 979
Federal Service Tribunal, Islamabad
Appeal No. 45(P) of 1995, decision dated: 31st January, 1996, hearing DATE : 20-12-1995
NOOR MUHAMMAD MAGSI AND. MUHAMMAD RAZA KHAN, MEMBERS

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FIDA MUHAMMAD SANAI

VS

AUDITORGENERAL OF PAKISTAN, ISLAMABAD and another FIDA MUHAMMAD SANAI Vs AUDITORGENERAL OF PAKISTAN, ISLAMABAD and another

Law:

Section:

Civil service--- ----Promotion---Claim---Civil servant who initially was appointed as 'Auditor , (B-7)' was subsequently promoted to the post of Audit Assistant (B-11)---Earlier there used to be the cadre of ' Auditors' and 'Audit Assistants', but subsequently, on basis of order of President of Pakistan circulated vide office memorandum (O.M.) dated 18-8-1983, Audit Department was ordered to be reorganized and Cadre of Auditors was split up into two cadres, Cadre of Auditors and Cadre of Senior Auditors with effect from 1-7-1983 and criteria for appointment of Auditors and Senior Auditors was also detailed in that Office Memorandum---Civil servant on basis of such Office Memorandum claimed that 11C should be promoted as Accountant in BPS-16 with effect from date .of issuance of Office Memorandum---Neither any provision existed in Office Memorandum for promotion of civil servants to B-15 or for promotion to non-graduate Auditors and Accounts Assistants to the post of Senior Auditors nor was any reference of grant of Selection Grade in B-13 or B-15 to the Audit -assistants or to the Auditors, even promotion of Audit and Accounts assistant to B-13 and B-15 was also not provided in said Office Memorandum-­Promotion claimed by civil servant being not a part of Office Memorandum c basis of which he sought the promotion, civil servant could not claim the promotion. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---By an order date(; 10-1-1995 certain officials were granted BPS-13 and BPS-15 and by another order dated 6-2-1995 an official has been promoted to BPS-16. The appellant considers that these promotions have been ordered on the basis of the order of President of Pakistan circulated vide an Office Memorandum dated 1-7-1983 (hereinafter called the O.M:) and he is aggrieved that the said O.M. is not being implemented for grant of promotion to the appellant as Accountant BPS-16 with effect from I-7-1983. The so-called impugned orders dated 26-1-1995 and 10-1-1995 have been challenged on 6-2-1995. by way of representation at Annexure F' as per para. 7 of the appeal. After waiting for ninety days the appellant moved this Tribunal on 14-5-1995 asking that the appellant be…
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