| Citation(s) |
|---|
| 2009 SLG 1549 2009 SLD 1549 2009 SCMR 25 |
Supreme Court of Pakistan
Civil Petition No.237 of 2008, decision dated: 27-05-2008. (On Appeal from the judgment, dated 8-12-2007 of the Federal Service Tribunal, Islamabad in Appeal No.1467(R)(C.S.) of 2005)
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
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Civil Petition No.237 of 2008, decision dated: 27-05-2008. (On Appeal from the judgment, dated 8-12-2007 of the Federal Service Tribunal, Islamabad in Appeal No.1467(R)(C.S.) of 2005)
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
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CENTRAL BOARD OF REVENUE through Chairman, Government of Pakistan, Islamabad
VS
MUHAMMAD NADIR KHAN HOTI and others
Law:
Section:
Civil service----Promotion---Civil servant met with the required threshold and other relevant ingredients required for promotion but according to minutes of Central Selection Board he did not meet the criteria of having completed seventeen years service and. excellence and comparative merit--Authorities had failed to show the reasons of junior civil servants having been found to be better qualified for promotion---Case of civil servant had not been considered in its true perspective, he was appointed/promoted on acting charge basis on recommendation of the Board and approval of the Prime Minister---Civil servant became eligible for promotion on completion of seventeen years of service, but his case was not referred to the Central Selection Board with due diligence and authorities had failed to show any reason for such delay---Supreme Court declined to interfere in the of Service Tribunal wherein it was directed that case of civil servant be immediately placed before the Central Selection Board for promotion to BPS-20 and dismissed petition for leave to appeal against of Service Tribunal. ORDER ABDUL HAMEED DOGAR, C.J.---This petition for leave to appeal is filed against judgment, dated 8-12-2007 passed by learned Federal Service Tribunal, Islamabad whereby Appeal No.1467(R)(C.S.) of 2005 filed by respondent No.4 was allowed in the following terms:-- "(11) In view of what has been stated in paras.8 to 10 and because the appellant has continued to hold the acting charge appointment since 13-5-1997, we direct that the appellant's case for regular promotion to BPS-20 be placed immediately before the CSB which will decide this case based on the record as it stood when the CSB met on 3-7-2003 with no mention of any 'adverse remarks of A.C.Rs. This will be treated as appellant's first consideration for regular promotion after his acting charge appointment on 13-5-1997 and further action or consideration of the appellant's promotion on regular basis will depend upon the outcome of this consideration by CSB. The consideration of the appellant's case for promotion in CSB meetings held on 18-12-2004, 8-8-2005 and 29-8-2006 or another will not be relevant or figure in thisβ¦
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