Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 4---Notification O.M. No.F-7(I)Imp.1/90-Vol-II, dated 7th February, 1991, issued by Finance Division---Constitution of Pakistan (1973), Art.212 (3)---Leave to appeal was granted by Supreme Court to consider the contention of civil servant that adverse report was not communicated to him and that in view of the rule laid down by Supreme Court in cases reported as 1994 SCMR 544 and 1997 SCMR 1303 adverse reports could not be handled for the grant of move-over. Federation of Pakistan and others v. Muhammad Qaisar Hayat Khan 1994 SCMR 544 and Pakistan Broadcasting Co. through D.G. HQs. and another v. Nasiruddin 1997 SCMR 1303 ref. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Notification O.M. No.F-7(I)Imp.1/90-Vol-II, dated, 7th February, 1991 issued by Finance Division-Move-over from B-17 to B-18---One good and one average Annual Confidential Report---Civil servant was denied move-over by the authorities on the ground that he did not earn two good Annual Confidential Reports---Appeal was dismissed by Service Tribunal---Validity---For the purposes of move-over an average Annual Confidential Report could be treated generally as `good'--- Judgment passed by Service Tribunal was set aside and Supreme Court directed the authorities to grant move-over to the civil servant from B-17 to B-18 from the date when it was due to him---Appeal was allowed. Federation of Pakistan and others v. Muhammad Qaisar Hayat Khan 1994 SCMR 544; Pakistan Broadcasting Co. through D.G. HQs. and another v. Nasiruddin 1997 SCMR 1303 and Federation of Pakistan through Secretary Health Division v. Dr. Najmul Ghani Khan 1995 PLD SC 556 ref. Muhammad Anwar v. The Secretary Establishment Division Rawalpindi and 2 others PLD 1992 SC 144 fol. Rana Manzoor-ul-Hassan v. Secretary, M/o Education, Islamabad and others 1995 SCMR 8 distinguished. Hafiz S.A. Rehman, Senior Advocate Supreme Court and M.A. Zaidi Advocate-on-Record for Appellant. Mrs. Nahida Mehboob Elahi, D.A.-G., Mehr Khan Malik, Advocate-on-Record Muhammad Hanfi Bhatti, Director Legal, National Saving Centre for Respondents. Date of hearing; 9th March, 2005. ORDER IFTIKHAR MUHAMMAD…

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