Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Civil servant of Grade-16 was called upon to perform functions of the post in Grade-17---Civil servant while so posted claimed full pay of the post ii Grade-17 and entitlement of A.C.C. class for travelling---Since Tribunal found that civil servant was not in fact promoted but was holding the current charge of post in Grade-17 and was not entitled to benefits claimed by him---Civil servant could not show that he was promoted in the manner prescribed by the Rules--­Order relied upon by civil servant showed that his transfer had taken place on his own pay---No question of law of public importance was involved in the case--­Question of fact was, however, involved on which positive finding had been recorded by Service Tribunal after obtaining comments of respondents and hearing the parties---Leave to appeal was refused in circumstances---Civil servant was however, allowed to seek revival of petition, if he considered necessary, within sixty days of the disposal of his service appeal filed by him before Service Tribunal, if he considered that as a consequence of such decision his entitlement was strengthened or improved. ORDER SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal dated 2-8-1989 whereby his service appeal was dismissed. 2. The petitioner was an officer of Grade-16 when he was called upon in July, 1988 to perform the functions of the post of Assistant Personnel Officer (APO) in Grade-17. While so posted, he made the following claims which were denied to him:- (i) Full pay of the post in Grade-17. (ii) Entitlement of the A.C.C. class for travelling. He moved the Service Tribunal where it was found that he was not in fact prompted but was holding the current charge…

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