Law:

Section:

Constitution of Pakistan (1973)--Art.212(3)---Promotion---Civil servant was not treated as a Member of Economists Group---Departmental appeal as well appeal before Service Tribunal were turned down for the reason that the advice of Establishment Division and of Supreme Court in case of Federation of Pakistan v. Muhammad Akram and others (1995 SCMR 1647) could not form basis of a precedent in such other cases---Validity---Leave to appeal was granted to consider the efficacy or otherwise of the observations made by the Service Tribunal for non-suiting the civil servant on both the points i.e. limitation and applicability of Supreme Court's reported in 1995 SCMR 1647 to the case of the civil servant. Federation of Pakistan through Secretary, Planning and Development Division, Islamabad v. Muhammad Akram and others 1995 SCMR 1647 ref. Petitioner in person. Nemo for Respondents. Date of hearing: 11th December, 1997. ORDER CH. MUHAMMAD ARIF, J.---Through this petition under clause (3) of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973, leave is sought against judgment, dated 5-5-1996 passed by the Federal Service Tribunal dismissing petitioner's Service Appeal against the rejection of his departmental appeal by the Establishment Division vide its O.M., dated 29-1-1996, on the "- - - that the advice of the Establishment Division, dated 24-9-1989 reproduced in the judgment of the Federal Service Tribunal and the judgment of the Supreme Court" reported as Federation of Pakistan through Secretary, Planning and Development Division, Islamabad v. Muhammad Akram and others (1995 SCMR 1647) was in respect of six appellants of the Ministry of Food and Agriculture and the said advice of the Establishment Division and the judgment of the Supreme Court of Pakistan cannot form basis of a…

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