Law: Constitution of Pakistan 1973

Section: 212(3)

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.Fl(2)/R.1/91-762 dated 18-7-1991, whereby one-third of total strength of Physical Training Instructors who were holding qualification of BA/B.Sc. 2nd Division plus prescribed professional qualifications were entitled to be placed in Selection Grade (9-15) --- Civil servant who lacked said educational qualification of BA/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 or 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 qualification 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.ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J.-Leave to appeal is sought to assail a judgment dated 1-6-1995 passed by the Federal Service Tribunal whereby the petitioner's claim for grant of premature increment in BPS-15 with effect from l-&1992 was not entertained. 2. Muhammad Sidique , 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 before the Federal Service Tribunal for the grant of premature increment in B-15. The claim of the petitioner was resisted primarily on the plea that on the authority of…