| Citation(s) |
|---|
| 1999 SLG 1104 1999 SLD 1104 1999 PLC 1306 |
Federal Service Tribunal, Islamabad
Appeal No. 1156(R) of 1998, decision dated: 21st May, 1999.
NOOR MUHAMMAD MAGSI AND ABDUL HAMEED KHAN KHATTAK, MEMBERS
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Appeal No. 1156(R) of 1998, decision dated: 21st May, 1999.
NOOR MUHAMMAD MAGSI AND ABDUL HAMEED KHAN KHATTAK, MEMBERS
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GHAZANFAR ALI
VS
MANAGING DIRECTOR, OVERSEAS PAKISTANIS FOUNDATION, ISLAMABAD and 3 others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-------S.4---Promotion---Entitlement---Appellate jurisdiction of Service Tribunal--- Scope---Civil servant alongwith others was considered for promotion by Departmental Promotion Committee, but was not found fit/suitable for promotion and was superseded by juniors---Service -Tribunal was not competent to substitute observations/opinion of Departmental Promotion Committee by its own with regard to promotion of opposing civil servants---Service Tribunal also could not sit in over reasons given by Departmental Promotion Committee resulting in supersession of civil servant. (b) Service Tribunals Act (LXX of 1973)--- ---- S. 4---Promotion---Entitlement---Civil servant had claimed promotion to Grade-6 on ground that he was granted Selection Grade and move-over retrospectively--- Validity---Mere grant of anti-dated Selection Grade or move-over to civil servant, would not arm him with a vested right to promotion to Grade-6 as selection grade in fact was granted to civil servant alongwith others in view of terms and conditions of agreement arrived at between Collective Bargaining Agent and respondent Department. (c) Civil service--- -----Promotion---criteria for---"Move-over" could not be equated with promotion--- Promotion was to be done on criteria of seniority-cum-fitness--Mere seniority, would not result in promotion, but other prerequisite for promotion was the fitness- --Departmental Promotion Committee had exclusive jurisdiction to determine fitness for promotion of an official and no official could as of right claim to be promoted simply being senior to others. 1991 SCMR 1129 ref. Masood Anwar for Appellant. Athar Minallah for Respondents. Date of hearing: 20th May, 1999. JUDGMENT ABDUL HAMEED KHAN KHATTAK (MEMBER). ---This appeal is directed against an order dated 1-9-1998 passed by the respondent whereby respondent Nos. 2 to 4, although junior to the appellant, were promoted and the appellant was superseded. 2. Facts to be gleaned from the record are that for promotion to 7 posts of Grade-6 lying vacant, a D.P.C. meeting was held on 7-5-1996 and the appellant, respondent Nos. 2 to 4 and others were considered for…
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