Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)---Seniority---Promotion---Leave to appeal was granted to consider, (a) whether Federal Service Tribunal did not appreciate the fact that a number of civil servants junior to petitioner civil servant, had been placed over the head of the petitioner in the seniority list prepared by Authority in violation of the orders of Service Tribunal; (b) whether the Authority had deliberately blocked the promotion of civil servant by misinterpreting the rules/instructions made by themselves and applying the same from retrospective effect to the disadvantage of civil servant and thus the law had been flouted, (c) whether the Authority had blocked the promotion of petitioner to the post of Joint Secretary on the basis of so-called indifferent service record of civil servant who had to date not earned even a single adverse remark.--[Civil service]. Petitioner in person: Nemo for Respondents. " Date of hearing: 5th July, 1989. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal dated 16-6-1988 whereby an appeal filed by the petitioner -as dismissed. Petitioner's appeal was really, for the implementation of the earlier judgment of the Federal Service Tribunal dated 16-7-1987 whereby his seniority was fixed as from 26-4-1975, when he joined the post of Deputy Secretary in the Federal Government through lateral entry. The Service Tribunal further directed that petitioner should be considered for promotion as and when he would complete the required length of service. In implementation of the judgment of the Federal Service Tribunal dated 16-6-1988 petitioner's seniority was fixed as from 26-4-1975 and he has no grievance in this regard, but he was -aggrieved by the refusal of consequential action regarding his promotion. His case before the Federal Service Tribunal was that although he had reached the maximum of the scale in BPS-19 in December, 1982 yet he was neither granted the benefit of move-over to B-20 nor given the promotion due to him in terms of the judgment of the Federal Service Tribunal. He, therefore, claimed seniority and promotion over the private…

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