| Citation(s) |
|---|
| 1990 SLG 1087 1990 SLD 1087 1990 SCMR 1428 |
Supreme Court of Pakistan
Civil Petition No. 87-R of 1989, decision dated: 14-01-1990.
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
M.A. Siddiqi, Deputy Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for
Respondent.
Civil Petition No. 87-R of 1989, decision dated: 14-01-1990.
NASIM HASAN SHAH AND S. USMAN ALI SHAH, JJ
M.A. Siddiqi, Deputy Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for
Respondent.
FEDERATION OF PAKISTAN and others
VS
MUMTAZ ALI KHAN
Law:
Section:
Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art. 212(3)---Promotion---Leave to appeal--- Question involved in case was whether a civil servant with average reports could be declared fit for promotion merely because Reporting/ countersigning officer had remarked that civil servant was fit for promotion on his turn---Service Tribunal had found that such a person could be so declared and was entitled to "move-over", while Government had contested view of Tribunal on the basis of entries in Items 4(b) of the "Guidelines for submitting move-over cases of professional/technical categories" issued by Finance Division (Regulation Wing) Government of Pakistan whereby an employee could be allowed move-over to scales 19 and 20 if his confidential reports arc "generally good"---Question raised in petition required consideration---Leave to appeal. ORDER NASIM HASAN SHAH, J.---The question involved in this case is whether a civil servant with average reports can be declared fit for promotion merely because the Reporting/Countersigning Officer has remarked that he is fit for promotion on his turn? The Service Tribunal has held that such a person, can be so declared and is accordingly entitled to "move-over". However, this view is contested by the Federation of Pakistan through this petition for leave to appeal. In support of this petition it is…
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