Case Details

Citation(s)
2010 SLG 3176 2010 SLD 3176 2010 PLC 909
Supreme Court of Pakistan
Civil Appeals Nos.2220 and 2221 of 2001, decided on 17th April, 2007. (On appeal from the judgment Dated 20-1-2001 passed by the Federal Service Tribunal, Islamabad, Camp at Karachi in Appeals Nos.1243 to 1246(K) of 1999 and 1274 to 1277(K) of 1999).
MUHAMMAD NAWAZ ABBASI AND GHULAM RABBANI, JJ

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RIZWANULLAH KHAN, ASSISTANT COMMISSIONER OF Income Tax and another

VS

FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad and others

Law: Civil Servants Act, 1973

Section: 9

Law: Constitution of Pakistan, 1973

Section: 212

Civil Servants Act (LXXI of 1973)---   ----S. 9---Constitution of Pakistan (1973), Art.212---Promotion--Appeal to Supreme Court---Service Tribunal, in its had observed that Establishment Division had conveyed the approval for promotion of 52 Income Tax Officers, but actual position regarding the existence of the vacancies of promotion quota, was not ascertained to resolve the controversy---Counsel for parties, realizing the defect in the jointly submitted that case could be sent back to the Service Tribunal for decision of the appeals afresh in the light of the correct factual position of vacancies at the relevant time---Impugned was set aside and case was remanded to the Service Tribunal for decision of appeal afresh after determination of the question relating to the existence of the vacancies of promotion quota.    ORDER MUHAMMAD NAWAZ ABBASI, J.---These connected appeals involving common question of law and facts, have been directed against the judgment dated 20-1-2001 passed by the Federal Service Tribunal whereby the Appeals bearing Nos. 1243 to 1246(K)/99 and 1274 to 1277(K)/99 on the subject of departmental promotion, have been dismissed. 2. We having…
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