Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Promotion---Entitlement---Petitioner's juniors were promoted superseding petitioner---Petitioner's representation and his service appeal were rejected---Leave to appeal was granted to consider points of law, whether a civil servant had a right to be considered for promotion in accordance with rules: and whether a civil servant could be superseded despite incomplete record of service. ORDER ABDUL QADEER CHAUDHRY, J.---The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal, dated 21-6-1989 whereby the appeal of the petitioner was dismissed. 2. The petitioner was appointed as a Lecturer in Grade-17 on 1-9-1967. He was promoted as Assistant Professor on 1-7-1972. After the nationalization of the school, the petitioner served as Principal from 9-3-1975 to 11-2-1976, 2-6-1979 to 3-10-1979 and 18-8-1981 to 10-7-1984 in his own pay and scale as stop-gap arrangement. A seniority list. was circulated on 13-9-1982 and the petitioner was shown at serial No.3 of the list. On 10-7-1984, the petitioner requested for relieving him of higher responsibility. The petitioner was relieved and transferred to the Degree College, Wah Cantonment. On 13-11-1985, his juniors were promoted and the petitioner was superseded. On 4-12-1985, the petitioner filed a representation which was rejected. On 2-4-1986, the petitioner filed an appeal before the Federal Service Tribunal. The learned Tribunal by means of order, dated 21-6-1989 dismissed the aforesaid appeal. 3. The other grievance of the petitioner is that he was due for move-over to BPS-19 with effect from 1-12-1984 but the same was also disallowed to him. While dismissing the appeal, the Service Tribunal observed as hereunder:-- "In the case of the appellant, it was observed that his score in over-all assessment was 51 marks and in quality and output of work 49 marks and it fell considerably short of the requisite standard. It was further observed that from 1976 onwards, the appellant had been graded as very good in two reports, good in three and average in six reports and his latest report for 1984 contained a remark that he was `not yet fit for…

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