Law:

Section:

NorthWest Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989R. 17(1)Constitution of Pakistan (1973), Art. 212(3)SeniorityAdverse remarksCivil servant was not found fit to be promoted on account of his record which was not found to be good enough to warrant relaxation in qualifying period for promotion to BPS18, while his juniors were promoted­Service Tribunal while accepting civil servant's appeal set aside impugned seniority list and he was allotted to retain his inter se seniority in lower post/gradeValidityService Tribunal had taken note of admission of official representing Government that civil servant had been graded as "good" but Countersigning Officer's remark "the officer did not impress me much" fell under penpictureSuch obvious contradiction in gradation and penpicture was enough to rob penpicture of its veracitySuch penpicture had been rightly found to be unwarranted by Service Tribunal under rules governing recording of penpictureBesides, remark in question, was too ambiguous to operate adversely qua career of civil servant particularly when same was considered in context of granting relaxation in prescribed length of service for promotion and had obviously no nexus with performance of his dutiesRemarks in question at the most manifestly related to civil servant's disposition and not to his entitlement which formed basis for Selection Board to find him unfit for promotionPetition for leave to appeal was, thus, without meritLeave to appeal was refused in circumstances. Fateh Muhammad Khan, Advocate Supreme Court with Abdul Qayum Mazhar, AdvocateonRecord (absent) for Petitioner (in C.P. No.286P of 1995). Abdul Waheed Khan, Advocate Supreme Court with M. Zahoor Qureshi Azad, AdvocateonRecord (absent) for Petitioner (in C.P. No.34P of 1996). Nemo for Respondents (in both C.Ps.) Date of hearing: 17th March, 1996. ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J.These two petitions against Abdul Nasim Khan and others are directed against the judgment dated 2371995 passed by the N.W.F.P. Service Tribunal, Peshawar, whereby appeal filed by Abdul Nasim Khan respondent No. 1 was accepted, the impugned seniority list was set aside and…

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