1995 PLP 878 (SCMR)
SECRETARY, FINANCE DIVISION GOVERNMENT OF PAKISTAN and 2 others‑‑‑Petitioners Versus EJAZ HUSSAIN MALIK ‑‑‑Respondent
| Citation | 1995 PLP 878 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ |
| Parties | SECRETARY, FINANCE DIVISION GOVERNMENT OF PAKISTAN and 2 others‑‑‑Petitioners Versus EJAZ HUSSAIN MALIK ‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1995 PLP 878 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 878 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 878 (SCMR) (SECRETARY, FINANCE DIVISION GOVERNMENT OF PAKISTAN and 2 others‑‑‑Petitioners Versus EJAZ HUSSAIN MALIK ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Nawaz Abbasi, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate‑on‑Record (absent) for Petitioners.
- Nemo for Respondent.
- Date of hearing: 29th November, 1994.
Headnotes / Summary
(On appeal from the judgment dated 23‑2‑1994 of the Federal Service Tribunal, Islamabad in Appeal No. 446(R)/93). Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 212(3)‑‑‑Government of Pakistan, Finance Division, Office Memo No.F.7(1)‑Imp‑I/92, dated 17‑5‑1992, about the extension of principles of move‑over to employees of Federal Government‑‑‑Denial of move‑over to civil servant by Departmental Promotion Committee‑‑‑Service Tribunal accepting civil servant's appeal on the ground that recommendations of Selection Committee were discriminatory, void, non‑maintainable and unlawful‑‑‑Validity‑‑‑Leave to appeal was granted to consider significance of words "subject to the condition that they fulfil other conditions according to the existing policy" appearing in para. 2 of Government of Pakistan, Finance Division, Office Memo dated 17‑5‑1992.
Judgment & Decree
MUKHTAR AHMED JUNEJO, J.
‑‑Leave to appeal is sought against an order dated 23‑2‑1994 passed by the Federal Service Tribunal in an appeal filed by Ejaz Hussain Malik. Ejaz Hussain Malik is a permanent employee in BPS‑18 in the office of A.G.P.R. He moved an application that he had reached maximum of his pay scale and be allowed move‑over with effect from 1‑12‑1992. Case of the respondent for move‑over was considered on 18‑4‑1993 by the Selection Board which did not recommend move‑over to BPS‑19 in view ‑ of certain shortcomings. One of the objections was that the respondent was granted Selection Grade BPS‑18 with effect from 1‑6‑1992 and he had to stay at least for one year at the maximum of pay scale. The respondent was not satisfied with such decision and he submitted departmental appeal and thereafter invoked jurisdiction of the Federal Service Tribunal, which under the impugned order accepted his appeal after taking view that recommendations of the Selection Committee were discriminatory, void, non‑maintainable and unlawful. Hence this petition. Mr. Muhammad Nawaz Abbasi, learned counsel for the petitioners, argued that move‑over is not a right but it is a concession and that move‑over is not part of the terms and conditions of a Civil Servant and it was not justiciable before the Service Tribunal. The learned counsel also referred to the Appeal Rules, 1977 and to the Government of Pakistan, Finance Division, Office Memo dated 17‑5‑1992 about the extension of the principles of move over to employees of the Federal Government. . After hearing the learned counsel for the petitioners, we are inclined to grant leave to appeal to consider significance, of words "subject to the condition that they fulfil other conditions according to the existing policy" appearing in para. 2 of Government of Pakistan, Finance Division, Office Memo No. F.7(1)‑Imp‑I/92 dated 17‑5‑1992. AA./S‑911/S Leave granted.