Law:

Section:

(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--R.3(2) --- Constitution of Pakistan (1973), Art. 185(3) --- Civil servants appointed as probationer Accountants were to remain on probation until they passed Accountants Promotion Examination in three chances, otherwise their services were to be terminated---Civil servants failure to pass such examination resulted in termination of their services --- Authorities during hearing of civil servants' appeal by Service Tribunal offered to give one more chance to civil servants to pass examination in question, failing which they would no longer agitate such matter --- Service Tribunal while disposing of civil servants' appeal directed Department concerned to impart necessary training to civil servants during next session and put them to examination and if they qualify the same, they would be restored to their original posts on their own ' seniority position while on their failure to clear such examination, they would be disentitled to agitate such issue in future --- Validity --- Leave to appeal was granted to Department to consider whether direction given by Service Tribunal after concession made by Department was within scope of Authority of Service Tribunal. (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ---- R.3(2) --- Appointment of civil servants as probationers---Authority during hearing of civil servants' appeal by Service Tribunal offered to give more chance to civil servants to pass the Departmental examinations --- Condition imposed by Service Tribunal that civil servants in clearing promotional examination in an additional chance would stand restored to their original position --- Validity---Offer in question, implicitly allowed one more chance to civil servants for clearing promotional examination and on passing such examination they would stand restored to their original position --- Impugned condition of Service Tribunal of which Departmental Authorities had felt aggrieved was quite consistent with spirit of agreement/compromise arrived at between parties and the same was just, equitable and fair in facts and circumstances of case --- Civil servants having…

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