Case Details

Citation(s)
1995 SLG 1250 1995 SLD 1250 1995 PLC 446
Federal Service Tribunal, Islamabad
Appeal No. 277(R) of 1994, decided on 22nd September, 1994.
MUHAMMAD ILYAS LODHI AND MUHAMMAD ISMAIL, MEMBERS

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ERNEST PETERS.

VS

SECRETARY, FINANCE DIVISION and another

Law:

Section:

Civil service---- ----Appointment---Re-fixation of pay---Civil servant serving as Acting Section Officer qualified Section Officers, Promotional Examination, but as he was not satisfied with merit position awarded to him, he made representation and Federal Public Service Commission accepting his request changed his merit position after about four years from earlier result of examination---Civil servant was appointed Section Officer not from date when his juniors were appointed on basis of earlier result of Promotional Examination, but from date when his result was revised and his pay and other consequential benefits were fixed from that later date---Promotion of civil servant as Section Officer was withheld due to no fault of his own and he was promoted as Section Officer and assumed charge of that post with effect from later date on basis of promotional examination qualified earlier---Juniors to the civil servant were promoted on basis of Section Officers, Promotional Examination in which civil servant was also qualified, but was given a wrong merit position in which he was not at fault---Civil Servant, even otherwise was allowed all administrative benefits including seniority and placement on regular footing, but was not given financial benefits from earlier date---Civil servant, in circumstances, was entitled to all consequential benefits and re-fixation of his pay from earlier date when he ad qualified his examination. 7v986 SCMR 991/1005 ref. Appellant in person. Qamar-uz-Zaman, Deputy Secretary, Finance Division for Respondents. Date of hearing: 2nd August, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER).---Briefly, the facts of the case are that the appellant, Ernest Peters qualified Section Officers, Promotional Examination held in 1985 and got merit position 119 which, according to him was wrong and he represented to the Secretary, Establishment Division requesting that the marking by the Federal Public Service Commission on the basis of ACRs seemed to be wrong. The FPSC accepting his request placed him at serial 62 vide Notification dated 30-7-1989 mentioning that candidate will be deemed to have taken effect from the date of issue of the original Press…
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