1991 PLP 113 (SCMR)
IDREESUL HASSAN USMANI‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through the Secretary to the Government of Pakistan, Establishment Division and others‑‑‑Respondents
| Citation | 1991 PLP 113 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Naimuddin, JJ |
| Parties | IDREESUL HASSAN USMANI‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through the Secretary to the Government of Pakistan, Establishment Division and others‑‑‑Respondents |
| Primary Law | Civil service‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 113 (SCMR)?
This judgment primarily cites: Civil service‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 113 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Naimuddin, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 113 (SCMR) (IDREESUL HASSAN USMANI‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through the Secretary to the Government of Pakistan, Establishment Division and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Abbas, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 28th March, 1990.
Headnotes / Summary
(Against the judgment dated 19‑12‑1989 of the Federal Service Tribunal, Islamabad in Appeal No.7(K) of 1987). ‑‑‑‑ Constitution of Pakistan (1973), Art.212(3)‑‑‑Probationary appointment in higher scale‑‑‑Reversion‑‑‑Effect‑‑‑Probationary appointment was only preliminary step towards permanent appointment of the appointee, who during such period was really on trial and had to show by his good work that he was fil and suitable to hold the post which had been given to him‑‑‑Where such appointee had measured up to the demands of said post during period o1 probation he would be confirmed thereto, otherwise he would be relieved of the post or sent back to the original post from where he was promoted‑‑‑Prior hearing could not be provided to such appointee either at the time of his confirmation or reversion because only the competent authority could decide the same‑‑‑Service Tribunal's decision was upheld‑‑‑Petition dismissed.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑‑The petitioner was promoted as Assistant Director National Savings (BPS‑17) on 12‑9‑1984. He was placed on probation for a period of one year, extendable by another year if the period of probation was not terminated earlier. As the initial period of probation was not terminated it, therefore, stood extended for another year. However, before the expiry of the extended period of probation, the petitioner was reverted on 10‑9‑1986, to the post of National Savings Officer (BPS‑16). The question is whether this reversion amounted to a reduction irk rank and could only have been ordered after issuance of a show‑cause notice to him?
2. The Service Tribunal has held that as the reversion was not ordered as a matter of punishment but only on account of unsatisfactory performance of work during the two years during which he occupied the higher office it could be made without issuance of any show‑cause notice. The petitioner contests this position. But we agree with the view of the Service Tribunal.
3. A probationary appointment is only a preliminary step toward permanent appointment of the appointee who, during this period, is really on trial and he has to show by his good work that he is fit and suitable to hold the post which has been given to him. Accordingly, if he measures up to the demands of the said post during the period of his probation, he will be confirmed thereto, otherwise he will be relieved of the post or sent back to his original post from where he was promoted. 1n neither case is a prior hearing to be provided to the appointee because the opinion in this respect is that of the competent authority. The result is that we find no infirmity in the order of the Service Tribunal. AA./I‑136/S Petition dismissed.