Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--Rr. 3(2) & 7---Constitution of Pakistan (1973), Art. 212 (3)---Promotion--­Promotion to B.P.S. 18 if civil servant had put in five years' service in B.P.S. 17 and had passed prescribed Departmental Examination as per terms and conditions prescribed for such promotion---Petitioners' claim was based on assertion that they having passed Departmental Examination within prescribed period and within requisite chances, they were entitled to rank senior to those civil servants who had passed Departmental Examination within prescribed time limit but in outer or limit of chances and also to those who had neither passed requisite Departmental Examination within prescribed time limit nor within specified chances---Service Tribunal partly accepted petitioners' claim that they were entitled to rank senior to those who had neither passed said examination within prescribed time limit nor within specified chances---Validity---Service Tribunal's had proceeded on correct premises, legal as also factual--­Service Tribunal having partly accepted claim of petitioners, had provided them relief to which they were entitled---Petitioners' claim that they had preferential right of promotion over specified civil servants for the reason that latter though passed Departmental Examination in prescribed chances but not within specified time limit was rightly rejected by Service Tribunal by holding that those civil servants were not provided prescribed chances in specified time limit, therefore, they could not be put to any disadvantage on that score---Leave to appeal was refused in circumstances. Fazal Ellahi Siddiqi, Advocate Supreme Court instructed by M.A. Zaidi, Advocate-on-Record for Petitioners (in both Civil Petitions). Nemo for Respondents (in both Civil Petitions). Date of hearing: 29th October, 1996. JUDGMENT ZIA MAHMOOD MIRZA, J.---Captioned two petitions seek leave to appeal against a common judgment of the federal Service Tribunal dated 5-9-1995 which disposed of as many as five connected appeals including the two appeals of the petitioners herein. 2. Facts forming the background of these petitions are as…

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