Case Details

Citation(s)
2000 SLG 1753 2000 SLD 1753 2000 PLC 39
Federal Service Tribunal, Islamabad
Appeal No. 314 (R) of 1997, decision dated: 22-03-1999.
MUHAMMAD AYUB KHAN, AND ABDUL HAMEED KHAN KHATTAK, MEMBERS

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MASHAL KHAN

VS

GOVERNMENT OF PAKISTAN through Establishment Division, Islamabad and another

Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-----R. 8-B(7)---Appointment on acting charge basis---Right of regular promotion- --Appointment on acting charge basis would not confer any vested right for regular promotion to the post held on acting charge basis. Manzoor Hussain v. Secretary, Establishment Division and others appeal No. 333 (R) of 1984; Mehr Sher Muhammad and others v. Federation of Pakistan Civil Appeals Nos. 946 to 948 of 1993; Salamat Ali Baig and others v. Secretary. Establishment Division and others 1997 SCMR 1760 and Malik Sher Afzal v. Secretary, Establishment Division, Appeal No. 210 (R) of 1995 ref. Appellant in person. M. Javaid Aziz Sandhu, Standing Counsel alongwith Pir M. Ishaq, D. A: S. Abdul Rahim Bhatti for the Private Respondent No. 150. Private Respondents Nos. 145, 210 and 230 in person. Date of bearing: 22nd March, 1999. JUDGEMENT ABDUL HAMEED KHAN KHATTAK (MEMBER). ---This appeal n is directed against Notification No.13/2/94-95-OMG.I, dated 12-12-1996 VI whereby appellant was declared as regular Section Officer from 12- -1996 instead from 12-5-1988. 2. Brief facts are that the appellant was serving as Section Officer in the Ministry of Information and Media Development, Islamabad, as having been appointed as such on 12-5-1988 on the recommendation of Federal Public Service Commission (FPSC) on the basis of Competitive Examination held for the purpose by the FPSC in 1987 and he continued serving in that capacity till 1996 when vide the aforementioned notification (Annexure-II) he was regularized with effect from 12.12-1996 and not from 12-5-1988. Feeling aggrieved the appellant submitted a representation to the Secretary, Establishment Division on 12-1-1997 seeking his declaration as regular Section Officer from 12-5-1988 (Annexure-III) but having received no reply therefrom within 90 days, he preferred instant appeal by assailing the said notification on the ground that the same was ultra vires of the provisions of Civil Servants Act/Rules, 1973, and also of FPSC Ordinance (Function) Rules, he thus, made the following prayers: "(i) to set aside the Establishment Division's order as contained in the said…
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