1990 PLP 784 (SCMR)
Sh. AHMAD AKBAR — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary to Government
| Citation | 1990 PLP 784 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Saad Saood Jan, JJ |
| Parties | Sh. AHMAD AKBAR — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary to Government |
| Primary Law | Service Tribunals Act (LXX or 1973) |
Q1: What are the key laws and sections cited in 1990 PLP 784 (SCMR)?
This judgment primarily cites: Service Tribunals Act (LXX or 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 784 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 784 (SCMR) (Sh. AHMAD AKBAR — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary to Government). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushtaq Masood, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 25th July, 1989.
- 3. Ch. Mushtaq Masood, Advocate, the learned counsel for the petitioner has referred to various other instructions in order to make out a case for the petitioner's belonging to the technical and professional category merely on the strength of having qualified at the Subordinate Accounts Service examination.
Headnotes / Summary
(From the judgment of the Federal Service Tribunal dated 26-5-1986 passed in Appeal No.313(L) of 1984).
S.4
Constitution of Pakistan (1973), Art.212(3)
Petitioner claimed move-over on ground that he after passing departmental examination of Subordinate Accounts Service was entitled to move-over
Service Tribunal, denied benefit of move-over to petitioner holding that examination was a mere departmental examination which was directed simply towards ensuring efficiency and expertise within Department, but had not provided petitioner any technical or professional qualification
Service Tribunal, also observed that outside the department such qualification would not have any recognition though employment in Accounts office may give some standing and qualifications to employee--Service Tribunal, held, had taken a correct view and no question of law having arisen in case, leave to appeal was refused.
Judgment & Decree
SHAFIUR RAHMAN, J.
The petitioner, a civil servant who has retired from service in 1988, seeks leave to appeal against the judgment of the Service Tribunal dated 26-5-1986 whereby his service appeal was dismissed and he was denied the benefit of move-over to the next higher scale of pay on the ground of belonging to technical and professional category having passed the departmental examination of Subordinate Accounts Service.
2. The petitioner was in Basic Pay Scale 17 on 1-12-1983 and he claimed that the instructions issued and enforced from 1-7-1983 as hereunder governed him:-- . "
6. The existing concession of `move-over' of employees from RNPS-16 (B-16) to RNPSA-17 (B-17) and RNPS-17 (B-17) to RNPS-18 (B-18) shall be extended upto B-20 and regulated as under:-- (a)....... (b)....... (c) The move-over in the case of technical and professional categories e.g. Doctors, Engineers, Educationists, Economists, Management Accountants, Scientists, Archaelogists, Geologists, Meteorologists, Experts of Agriculture, Animal Husbandry and Forestry shall be permissible upto B-20 without the condition of stay at the maximum for three years." The department as well as the Service Tribunal refused to treat the petitioner as a technical or professional employee of the category for whom the benefit had been announced.
3. Ch. Mushtaq Masood, Advocate, the learned counsel for the petitioner has referred to various other instructions in order to make out a case for the petitioner's belonging to the technical and professional category merely on the strength of having qualified at the Subordinate Accounts Service examination.
4. The Subordinate Accounts Service examination is a departmental examination restricted to the employees. It is not a technical or professional qualification available to the citizens, seeking it but is directed towards ensuring efficiency and expertise within the department. Outside the department such qualification does not have any recognition though the employment in the Accounts Office may give some standing and qualifications to an employee. We find that the Tribunal has taken a correct view of the instruction and no question of law arises in the case. Leave to appeal is refused. H.B.T./A-643/S Leave refused.