| Citation(s) |
|---|
| 1990 SLG 787 1990 SLD 787 1990 SCMR 784 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.678 of 1986, decision dated: 25-07-1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Ch. Mushtaq Masood, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Leave to Appeal No.678 of 1986, decision dated: 25-07-1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Ch. Mushtaq Masood, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Sh. AHMAD AKBAR
VS
GOVERNMENT OF PAKISTAN through Secretary to Government of Pakistan, Finance Division and 2 others--Respondents
Law:
Section:
Service Tribunals Act (LXX or 1973)------S.4---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal---Petitioner claimed move-over on ground that he after passing departmental examination of Subordinate Accounts Service was entitled to move-over---Service Tribunal, denied benefit of move-over to petitioner holding that examination was a mere departmental examination which was directed simply towards ensuring efficiency and expertise within Department, but had not provided petitioner any technical or professional qualification---Service Tribunal, also observed that outside the department such qualification would not have any recognition though employment in Accounts office may give some standing and qualifications to employee--Service Tribunal, held, had taken a correct view and no question of law having arisen in case, leave to appeal was refused. JUDGMENT SHAFIUR RAHMAN, J.---The petitioner, a civil servant who has retired from service in 1988, seeks leave to appeal against the judgment of the Service Tribunal dated 26-5-1986 whereby his service appeal was dismissed and he was denied the benefit of move-over to the next higher scale of pay on the ground of belonging to technical and professional category having passed the departmental examination of Subordinate Accounts Service. 2. The petitioner was in Basic Pay Scale 17 on 1-12-1983 and he claimed that the instructions issued and enforced from 1-7-1983 as hereunder governed him:-- . "6. The existing concession of `move-over' of employees from RNPS-16 (B-16) to RNPSA-17 (B-17) and RNPS-17 (B-17) to RNPS-18 (B-18) shall be extended upto B-20 and regulated as under:-- (a)....... (b)....... (c) The move-over in the case of…
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