Law:

Section:

Constitution of Pakistan (1973)--Art.212(3)---Civil servant's grievance before Service Tribunal was that he was kept too long on the acting charge of promoted post without making regular promotion on that post---As regards claim to promotion or pro forma promotion, what the civil servant could claim under the law was, that he should be considered when question of promotion was taken up---Civil servant, could not call upon the Service Tribunal to direct the department to fill the promotion post forthwith or on a particular date and not to keep it vacant or under consideration---Civil servant did not claim that someone else was promoted and he was excluded and not considered for promotion but that he was kept too long on the acting charge of promoted post without making regular promotion on that post---As long as charge was not full and promotion was not regular, civil servant could not claim full pay of the post nor the other benefits as could be available to a rightful incumbent of it---Leave to appeal was refused in circumstances. ORDER SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal dated 19-7-1989, whereby the appeal preferred by him was dismissed. 2. The petitioner has now superannuated. However, when he was in service, he moved the Service Tribunal for the following reliefs arising out of his employment:- (1) This Honourable Tribunal may be pleased to graciously order for pro forma promotion as Steno Selection Grade (P.A.) w.e.f. 1-5-1976 with special pay with all sorts of back benefits. (2) The appellant be designated as Office Superintendent Confidential since 1-7-1978/2-12-1978 and Senior Office Superintendent Confidential w.e.f. 1-6-1983 with fixation of pay as described in para. 2.14 above with all sorts of back benefits including TA. according to the rate of newly-fixed pay. (3) The appellant may graciouly be ordered to be promoted as Assistant Personnel Officer in BPS. 17 in his turn considering him Office Superintendent Confidential w.e.f. 2-7-1978 and Sr. Officer Superintendent Confidential w.e.f. 1-6-1983 on the basis of 2/3rd quota as admissible under the rules according to the…

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