1990 PLP 1428 (SCMR)
FEDERATION OF PAKISTAN and others‑‑‑Petitioners Versus MUMTAZ ALI KHAN‑‑‑Respondent
| Citation | 1990 PLP 1428 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and S. Usman Ali Shah, JJ |
| Parties | FEDERATION OF PAKISTAN and others‑‑‑Petitioners Versus MUMTAZ ALI KHAN‑‑‑Respondent |
| Primary Law | Service Tribunals Act (LXX of 1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1428 (SCMR)?
This judgment primarily cites: Service Tribunals Act (LXX of 1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1428 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1428 (SCMR) (FEDERATION OF PAKISTAN and others‑‑‑Petitioners Versus MUMTAZ ALI KHAN‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Siddiqi, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate- on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 14th January, 1990.
Headnotes / Summary
(On appeal from the judgment dated 22‑11‑1988 of the Federal Service Tribunal, Islamabad in Appeal No. 163(R) of 1986). ‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Promotion‑‑‑Leave to appeal‑‑‑ Question involved in case was whether a civil servant with average reports could be declared fit for promotion merely because Reporting/ countersigning officer had remarked that civil servant was fit for promotion on his turn‑‑‑Service Tribunal had found that such a person could be so declared and was entitled to "move‑over", while Government had contested view of Tribunal on the basis of entries in Items 4(b) of the "Guidelines for submitting move‑over cases of professional/technical categories" issued by Finance Division (Regulation Wing) Government of Pakistan whereby an employee could be allowed move‑over to scales 19 and 20 if his confidential reports arc "generally good"‑‑‑Question raised in petition required consideration‑‑‑Leave to appeal.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑‑The question involved in this case is whether a civil servant with average reports can be declared fit for promotion merely because the Reporting/Countersigning Officer has remarked that he is fit for promotion on his turn? The Service Tribunal has held that such a person, can be so declared and is accordingly entitled to "move‑over". However, this view is contested by the Federation of Pakistan through this petition for leave to appeal. In support of this petition it is submitted that the reports of the Reporting Officer about a civil servant being fit for promotion on his turn do not imply that he will necessarily be promoted. Actual promotion is ordered only after the Departmental Promotion Committee/Selection Board has determined the fitness of a civil servant for promotion on the basis of his overall reports and in accordance with the Promotion Policy of the Government. On the other hand, the Policy with regard to "Move‑over" is contained in the Government of Pakistan, Finance Division (Regulation Wing)'s "Guidelines for submitting move over cases of professional/technical categories". Herein, in Item 4(b) it is laid down that the employee will be allowed move‑over to scales 19 & 20 if his confidential reports are generally good. As the respondent desired "move‑over" to Scale 19, therefore, unless his confidential reports were generally good he was not entitled to the move‑over. The question raised requires consideration. Leave granted. Notice to the respondent in the stay application. Meanwhile, the operation of the impugned order of the Service Tribunal shall remain suspended. H.B.T./F‑166/S Leave granted.