1999 PLP (C (PLC(CS))
GOVERNMENT OF PAKISTAN through Collectorate of Customs and another Versus AMAR MEHMOOD
| Citation | 1999 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Ch. Muhammad Arif, JJ |
| Parties | GOVERNMENT OF PAKISTAN through Collectorate of Customs and another Versus AMAR MEHMOOD |
| Primary Law | Service Tribunals Act (LXX of 1973)‑‑ |
Q1: What are the key laws and sections cited in 1999 PLP (C (PLC(CS))?
This judgment primarily cites: Service Tribunals Act (LXX of 1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP (C (PLC(CS)) (GOVERNMENT OF PAKISTAN through Collectorate of Customs and another Versus AMAR MEHMOOD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Izharul Haque, Advocate Supreme Court instructed by Tanvir Ahmed, Advocate‑ on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 9th July, 1.998.
Headnotes / Summary
(On appeal from the order, dated 27‑3‑1997, passed by Federal Service Tribunal, Lahore in Appeal No.362‑L of 1996). ‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art. 212 (3)‑‑‑Promotion‑‑‑Rules for promotion to post of Inspector Customs Department contemplated 50% pass marks in examination in each paper‑‑‑Civil servant secured 50 % marks in three papers, but got less than 50% marks in fourth one‑‑‑Service Tribunal took the view that Department allowed grace marks to two candidates in examination earlier held and following principle of consistency civil servant was entitled to same treatment‑‑‑Validity‑‑‑Order of Service Tribunal did not suffer from any legal infirmity to warrant interference‑‑‑No question of law of public importance being involved in the case for interference in terms of Art. 212 (3) of Constitution of Pakistan (1973), petition for leave to appeal was dismissed.
Judgment & Decree
IRSHAD HASAN KHAN, J.‑‑‑This petition for leave to appeal is directed against the order, dated 27‑3‑1997, passed by the Federal Service Tribunal, Lahore (hereinafter referred to as the Tribunal). in Appeal No.362(L) of 1996.
2. Brief facts are that the petitioner joined the Customs Department as Upper Division Clerk on 24‑10‑1984 in Grade‑
8. The relevant rule contained in S.R.O. 57(1)/77, dated 5‑1‑1977 contemplates that for promotion to the post of Inspector the minimum pass marks are 50% in each paper. The respondent admittedly secured 50% marks in three papers but got 42 marks in the fourth paper. The Tribunal took the view that the department allowed grace marks to two candidates in the' examination held in 1990 and therefore, following the principle of consistency the respondent was‑ also entitled to the same treatment.
3. After hearing the learned counsel for the petitioners and the respondent/caveator we find that the impugned order of the Tribunal does not suffer from any legal infirmity to warrant interference. Even otherwise, no question of law of public importance is involved herein for interference in terms of Article 212(3) of the Constitution.
4. Resultantly the petition is dismissed and leave refused. H.B.T./G‑30/S Petition dismissed.