Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 212(3)---Leave to appeal was granted by Supreme Court to consider; whether policy of government was in conflict with fundamental rights or ultra vires or mala fides; whether grant of higher pay scale on the basis of meritorious service was part of terms and conditions of service of a civil servant; whether it was not for the competent authority to determine eligibility of civil servant for grant of higher grade; and whether Service Tribunal was competent to set aside policy framed by government. (b) General Clauses Act (X of 1897)--- ----S. 24-A---Speaking order---Scope---Public functionaries are obliged to redress grievances of citizens/their subordinates with reasons. Messrs Airport Services' case 1998 SCMR 2268 rel. (c) Good governance--- ----Public functionaries, duties of---Scope---Pakistan is founded on the basis of religion of Islam, efforts should be made to bring out an egalitarian society based on Islamic concept of fair play and social justice---Public functionaries are expected to act fairly and justly in manner which should not give to any one any cause of complaint on account of discriminatory treatment or otherwise. Muhammad Zafar Abbasi's case 2003 PLC (C.S.) 503 rel. (d) Constitution of Pakistan (1973)--- ----Art. 212(3)---Jurisdiction of Supreme Court---Substituting finding of Service Tribunal---Scope---Supreme Court, while exercising power under Art.212(3) of the Constitution, cannot substitute its own finding in place of finding of Service Tribunal. (e) Civil Servants Act (LXXI of 1973)--- ----S. 9---Promotion---Vested right---Policy framed by government, setting aside of---Jurisdiction of Service Tribunal---Scope---Respondent was not recommended by Central Selection Board for her promotion but Service Tribunal allowed the appeal---Validity---No employee had vested right in promotion but where rules, regulations and policy had been framed for appointment or promotion for mala fide reasons or due to arbitrary act of competent authority, aggrieved person was entitled to challenge the same---Supreme Court declined to interfere in the passed by Service Tribunal---Appeal was dismissed. I.A.…

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