Law:

Section:

Pakistan Water and Power Development Authority (Power Wing) Stores Management Service Rules, 1983-------Preamble---Constitution of Pakistan (1973), Art. 212(3)---New plea--­Plea involving question of fact neither. raised before Tribunal nor urged in petition for leave to appeal could be argued---Promotion---Claim of civil servant with regard to promotion in Grade-17 with effect from date of his confirmation or from the date when his other colleagues were promoted, was rejected on ground that civil servant had not passed Departmental Examination---Civil servant had contended that Pakistan Water and Power Development Authority (Power Wing) Stores Management Service Rules, 1983 relied upon by Authorities to reject his claim for promotion, were not applicable to Generation Section of Authority wherein he was working and even otherwise said Rules were made applicable long after the date when he had become entitled to promotion---Validity---Plea of inapplicability of Pakistan Water and Power Development Authority (Power Wing) Stores Management Service Rules, 1983 was neither raised by civil servant before Service Tribunal in his memo. of appeal nor same had been raised before Supreme Court in memo. of his petition for leave to appeal---Question whether Rules were applicable to the case of civil servant was a question of fact, which could not be examined in petition for leave to appeal by Supreme Court---Civil servant having already been promoted in BPS-17 after clearing examination, his case was not fit for grant of leave. Ch. Ghulam Hasan Gulshan, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Petitioner. Sh. Zamir Hussain, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Respondents. Date of hearing: 7th October, 1998. JUDGMENT AJMAL MIAN, C.J.---This is a petition for leave to appeal against the judgment dated 21-5-1997 passed by the Federal Service Tribunal (hereinafter referred to as the Tribunal in Appeal No. 116(K) of 1996 filed by the petitioner praying for the following relief: "In view of the above submissions it is respectfully prayed that the Honourable Tribunal may kindly be pleased to declare and hold…

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