Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Civil servant---Promotion---Civil servant's plea was that his direct appointment m grade 18 was withheld merely because he had gone on deputation at his employer's instance and it had been decided that his case would be considered on his return from deputation and that he was entitled to be treated as having been directly appointed when his colleagues were so appointed­--No appointment letter was issued to civil servant appointing him in Grade 18 post pursuant to his interview that took place before he had gone on deputation--­Civil servant cannot be directly appointed retrospectively---Judgment of Service Tribunal was not shown to be suffering from any illegality---Leave to appeal was refused. ORDER RUSTAM S. SIDHWA, J.---This is a petition filed by Muhammad Aslam, petitioner, seeking leave to appeal against the judgment of the Federal Service Tribunal, Islamabad, dated 22-9-1985 rejecting the petitioner's appeal. 2. The brief facts of the case are that on 3-7-1965, Muhammad Aslam petitioner, alongwith others, was appointed as Junior Officer (Stores) in Grade 16 in WAPDA. In September 1977, WAPDA advertised posts of Senior Officers (Stores) in Grade 18 for direct recruitment. The petitioner and some others applied for the said posts. It is the case of the petitioner that alongwith others he was also interviewed by the Selection Board on 26-2-1978 and that the Selection Board selected the under-noted officers who fulfilled the requisite qualifications: (1) Muhammad Aslam, petitioner. (2) Mr. Muhammad Akram. (3) Mr. Muhammad Ijaz Hussain Jafri. (4) Mr. Abdul Azeem. (5) Mr. Muhammad Ali. However, the petitioner, who in the meantime had proceeded on deputation with NPCC to Saudi Arabia with effect from 22-6-1978, was not recommended by the Selection Board for appointment as Senior Officer (Stores) on the ground that his case for appointment would be considered on his return from deputation, in accordance with the standing instructions of the Authority. The other persons, however, were appointed as Senior Officers (Stores). During his tenure in Saudia, the petitioner came to know about the promotion of his colleagues…

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