Law:

Section:

(a) Fundamental Rules-------F.R. 10-A(a)---Compilation of Fundamental and Supplementay Rules, Vol. I, Rr.3 & 4-A---Mental and physical fitness of civil servant for further service, determination of---Selection Board, without medical examination of civil servant by a Medical Board, could not determine his fitness---Not permitted by law to declare civil servant 'medically unfit to hold a particular post on basis of remarks of reporting or countersigning authority in A.C.R. regarding his poor health or his suffering from a disease likely to endanger health of other servants---Civil servant could not be superseded or ignored on ground of ailment, unless he was medically so categorized on basis of medical examination conducted by competent medical authority in accordance with Rules on the subject---Principles. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4(b)---Promotion---Deprivation of---Appeal against---Authority depriving civil servant of his legitimate right of promotion in an illegal manner and by improper exercise of discretion---Held: Civil servant could avail remedy of appeal under S.4(b) of Service Tribunals Act, 1973. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This appeal with leave of the Court has been directed against the judgment dated 2-2-2001 passed by the Federal Service Tribunal, Islamabad, whereby the appeal filed by the present appellant seeking direction for his promotion from the date on which his juniors were promoted, was dismissed with the observation that by virtue of Proviso (b) to section 4 of the Service Tribunals Act, 1973, such an appeal was not maintainable. 2. Leave to appeal was granted by this Court vide order dated 6-6-2001 to consider the following questions:-- "(1) In this case the petitioner was declared unfit for promotion but the requirement of law as laid down in F.R. 10-A (a) was not complied with as there was no medical examination of the petitioner or any special medical examination in order to determine that he was medically unfit. (2) In Annual Medical Reports the petitioner had been declared fit for promotion. (3) The petitioner had never been declared in category `C' in the Annual Medical Examination and,…

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