Case Details

Citation(s)
1998 SLG 930 1998 SLD 930 1998 SCMR 2482
Supreme Court of Pakistan
Civil Appeal No. 950 of 1996, decision dated: 11-06-1998. (On appeal from the judgment dated 1-10-1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 482-Q of 1994)
AJMAL MIAN, C.J, MUHAMMAD BASHIR, JEHANGIRI AND CH. MUHAMMAD ARIF, JJ
S.A.M. Quadri, Advocate-on-Record for Appellant. Shahzad Akbar, Deputy Attorney-General and M.K.N. Kohli, Advocate-on-Record for
Respondents

MEHMOOD SULTAN AFRIDI (INSPECTOR LEGAL), F.I.A.

VS

FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and another

Law:

Section:

Federal Investigation Agency Act (VIII of 1975)--S. 9---Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975, R. 12---Constitution of Pakistan (1973), Art. 212---Appellant appointed as Inspector Legal in Federal Investigation Agency applied to Department to be transferred to investigation wing so that he might have equal opportunity to be promoted whereas in legal branch there was no such opportunity---Appellant, having found no response to his such application, filed appeal before Service Tribunal which was dismissed---Validity---Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975, having been framed under S. 9, Federal Investigation Agency Act, 1975, would have statutory force---Rule 12, Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975, has categorised posts in the Agency in six groups, each having its own peculiar requirements as to eligibility---When appellant applied for post of Inspector (Legal), Rules framed in terms of S. 9, Federal Investigation Agency Act, 1975 were in the field; appellant knew that he was applying for post in legal group which was separately categorised in R. 12 of the Rules---Even otherwise, no civil servant has vested right to get himself transferred from one post to another---Service Tribunal, thus, had rightly dismissed appellant's appeal. Ghulam Haider v. The Province of West Pakistan and 15 others PLD 1971 Quetta 57 ref. JUDGMENT AJMAL MIAN, C J.--- This is an appeal with the leave of this Court against the judgment dated 1-10-1995 passed by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) to Appeal No.482(Q) of 1994 filed by the appellant for the following relief: "It is accordingly respectfully prayed that while setting aside the order dated 26-5-1994 passed by respondent No.2, respondents may be directed to post them in Investigation Wing of F.I.A. or in the alternative they 'may be treated in like manner and all those appointments/incentive which are available to other members of Agency including his posting in Emigration Cell may be provided." dismissing the same. The brief facts are that the appellant in…
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