Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 212(3)---Leave to appeal was granted to examine whether Federal Service Tribunal was legally empowered to give direction in terms that civil servant would be deemed to have continued in N.P.S.-19 after his reversion from Northern Areas with all consequential benefits, in the context of admitted fact that he was not regularly promoted to N.P.S.-19. (b) Constitution of Pakistan (1973)--- ----Art. 212(3)---Promotion---Entitlement---Finding of Service Tribunal showed that civil servant's case was handled perversely and mala fide in a manner to deprive him of N.P.S.49 though his junior was allowed---On finding of fact recorded by Service Tribunal, Supreme Court allowed the principle of next below rule to be applied to the case of civil servant and granted him entitlement of N.P.S.49 pay as from specified date till his junior enjoyed it or civil servant himself retired from service---Government having himself granted civil servant the benefits for a specified period, he would be further entitled to the same benefits from specific date till the date of his retirement or till his junior enjoyed it, whichever happened earlier---With such modification appeal was dismissed against civil servant. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to the appellant to examine whether the Federal Service Tribunal was legally empowered to give a direction in terms that the respondent, a civil servant, `shall be deemed to have continued in N.P.S.49 after his reversion from the Northern Areas with all consequential benefits', in the context of the admitted fact that he was not regularly promoted to N.P.S.-19. 2. The respondent was serving in the Federal Government in the Education Department and was enjoying Selection Grade Headmaster (N.P.S.-18) with effect from 1-6-1970. While fully qualified and eligible for the higher grade (N.P.S.-19), the respondent was not promoted to that post but instead given current charge of the higher post from 16-9-1975 to 3-5-1976 and he was in the interregnum recruited directly in N.P.S: 19 for service in the Northern Areas. After his return from the…

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