Case Details

Citation(s)
1999 SLG 1119 1999 SLD 1119 1999 PLC 1389
Supreme Court of Pakistan
Civil Appeal No. 1377 of 1996, decision dated: 29-10-1998. (On appeal from the judgment dated 12-12-1995 of the Federal Service Tribunal, Islamabad in Appeal No.82-K of 1995).
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ

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MASAUD JAMAL

VS

SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF DEFENCE, RAWALPINDI and others

Law:

Section:

Civil service-------Move-over---Entitlement---Service Tribunal in its earlier had found that civil servant's case for move-over from BPS-18 to BPS-19 had to be considered without taking into consideration adverse remarks contained in his A.C.Rs. which were not conveyed to him and that Authority could not decline request of civil servant with regard to move-over---Chief Administrative Officer in his letter had stated that civil servant was entitled to move-over---Matter was remanded by Supreme Court to Departmental Appellate Authority with direction to consider case of civil servant for move-­over without taking into consideration adverse remarks contained in his A.C:R. and taking into consideration letter written by Chief Administrative Officer. Appellant in person. Tanvir Bashir Ansari, Deputy Attorney-General and Raja Abdul Ghafoor, Advocate -on-Record for Respondents. Date of hearing: 26th October, 1998. JUDGMENT AJMAL MIAN, C.J.---This is an appeal with the leave of this Court, against the judgment dated 12-12-1995 of the learned Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) passed in Appeal No.82-K of 1995, filed by the appellant claiming move-over to BPS-19 with effect from 1-12-1984, declining the same on the ground that before filing of the above appeal the appellant failed to make departmental representation against the order of the Authority turning down his above claim. Leave to appeal was granted to consider as to whether in view of the earlier judgment of the Tribunal dated 13-6-1993 passed in appellant's Appeal No. 14-L of 1993, was it necessary to make such representation. In support of the above appeal, the appellant is present in person. The thirst of his arguments is that in view of the earlier judgment of the Tribunal dated 13-6-1993 to the effect that the appellant's case for move-over be considered without taking into consideration the adverse remarks contained in the relevant A.C.Rs. which were not conveyed to him, the Authority could not have declined the above request of move-over. To reinforce the above submission he has referred to the Chief Administrative Officer's Letter No.E-12(31)/93/1083, dated…
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