Law:

Section:

Civil service-------Promotion---Civil servant was considered by Departmental Promotion Committee for promotion to B-18 alongwith others and was found fit and was recommended for promotion subject to approval of Competent Authority---Competent Authority approved recommendations of Committee and civil servant was shown in the list of approved officers, but his name was omitted from the list of promotees, although he was never issued any show-cause notice in this behalf---Validity---Once civil servant was recommended for promotion by Departmental Promotion Committee after having found him fit and such recommendation was accepted by Competent Authority, a right was created in favour of civil servant and withholding of civil servant's name from being notified for promotion in B-18 was, thus, not warranted by law. Tanvir Bashir Ansari, Deputy Attorney-General and Raja Abdul Ghafoor, Advocate-on-Record for Petitioners. , Muhammad Naseem, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Respondents. Date of heading: 15th October, 1998. JUDGMENT AJMAL MIAN, C.J.---This is a petition for leave to appeal against the judgment dated 3-2-1998 passed by the learned Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) in Appeal No.24-K of 1997, filed by respondent No. l for issuance of direction that he may be notified as having been promoted with effect from 22-4-1997, allowing the same as follows:-- "In view of the above discussion we accept this appeal, set aside the appellate order dated 12-7-1997 as well as the action of withholding the promotion of the appellant and direct that the appellant may be notified to have been promoted with effect from 22-4-1997 with all back benefits and costs of this appeal." The brief facts are that respondent No. l was considered by, the appropriate Departmental Promotion Committee -in its meeting held on 4-2-1997 for promotion to B-18 and he was found to be fit and was recommended for promotion, subject to approval by the competent Authority, alongwith his other colleagues consisting of 58 officers. It seems that the competent Authority approved the above recommendation. Respondent No. l was shown at…

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