2010 PLP (C (PLC(CS))
RIZWANULLAH KHAN, ASSISTANT COMMISSIONER OF INCOME TAX and another Versus FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad and others
| Citation | 2010 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Nawaz Abbasi and Ghulam Rabbani, JJ |
| Parties | RIZWANULLAH KHAN, ASSISTANT COMMISSIONER OF INCOME TAX and another Versus FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad and others |
| Primary Law | Civil Servants Act (LXXI of 1973) |
Q1: What are the key laws and sections cited in 2010 PLP (C (PLC(CS))?
This judgment primarily cites: Civil Servants Act (LXXI of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Nawaz Abbasi and Ghulam Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP (C (PLC(CS)) (RIZWANULLAH KHAN, ASSISTANT COMMISSIONER OF INCOME TAX and another Versus FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Siraj-ul-Haque, Advocate Supreme Court and Naraindas T. Motiani, Advocate-on-Record for Appellants (in both cases).
- A.A. Siddiqui, Advocate-on-Record for Respondents Nos. 1 and 2 (in both Appeals).
- Nemo for Respondent No.3.
Headnotes / Summary
(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).
S. 9
Constitution of Pakistan (1973), Art.212
Promotion--Appeal to Supreme Court
Service Tribunal, in its judgment 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 judgment 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 judgment 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.
Judgment & Decree
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 heard the learned counsel for the parties and perused the record with their assistance, when pointed out to them that the Tribunal in para 7 of the judgment, has observed that Establishment Division had conveyed the approval for promotion of 52 I.T.Os. but the actual position regarding, the existence of the vacancies of promotion quota, was not ascertained to resolve the controversy, they having realized the defect in the judgment jointly submitted that the case may be sent back to the Tribunal for decision of the appeals afresh in the light of the correct factual position of the vacancies at the relevant time. In view thereof, we without commenting upon the matter in either way, set aside the impugned judgment and remand the case to the Tribunal for decision of the appeals afresh after determination of the question relating to the existence of the vacancies of promotion quota on the target dates. These appeals are allowed in the above terms, with no order as to costs. H.B.T./R-10/SC Case remanded.