Case Details

Citation(s)
1996 SLG 402 1996 SLD 402 1996 PLC 253
Federal Service Tribunal, Islamabad
Appeal No. 115(R) of 1995, decision dated: 13-09-1995, hearing DATE : 1st June, 1995
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, NOOR MUHAMMAD MAGSI AND AFTAB AHMED, MEMBERS

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MUHAMMAD ZUBAIR KIDWAI

VS

SECRETARY, ESTABLISHMENT DIVISION and 16 others MUHAMMAD ZUBAIR KIDWAI Vs SECRETARY, ESTABLISHMENT DIVISION and 16 others

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ----S.4--Seniority--Case of civil servant for promotion from B-20 to B-21, was placed before Central Selection Board (C.S.B) in its earlier meeting, but civil servant was not cleared for promotion and was recommended for supersession ---Case of civil servant again was considered by C.S.B. in its next meeting and he was cleared for promotion to B-21 and was promoted accordingly---Civil servant made representation against his earlier supersession on ground of wrong quantification and consequential relegation in seniority position which was accepted and Prime Minister being Competent Authority, converted supersession of civil servant into deferment---One of co-civil servants made a representation for restoration of his seniority against certain junior officers including the civil servant which was accepted vide Memorandum whereby decision of Competent Authority converting supersession into deferment was annulled and civil servant was relegated in seniority in B-21--Being aggrieved, civil servant had challenged that decision in appeal before Service Tribunal---Competent Authority was not apprised of full facts about threshold and quantification of civil servant earlier before passing order of conversion of supersession into deferment and in the second round, it was on representation of co-civil servant that all facts and papers were submitted to Competent Authority through a summary prepared by Establishment Secretary and deferment was converted into supersession--­Contention of civil servant that once an order had been passed in his favour same could not be recalled, was devoid of merit, because earlier order of Competent Authority according to which supersession of civil servant was converted into deferment was without reasoning and that order was recalled by Competent Authority not suo motu but on representation of aggrieved person who was co-civil servant---Competent Authority, thus, rightly recalled its earlier order as it was within its powers to rectify mistake on filing regular appeal against that order by aggrieved person. PLD 1980 SC 279 and PLD 1991 SC 1118 ref. (b) Review-- ----Power of review could only be…
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