1991 PLP 791 (SCMR)
ABDUL RAZZAK ABBASI — Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF
| Citation | 1991 PLP 791 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and |
| Parties | ABDUL RAZZAK ABBASI — Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF |
| Primary Law | Civil Servants Act (LXXI of 1973) |
Q1: What are the key laws and sections cited in 1991 PLP 791 (SCMR)?
This judgment primarily cites: Civil Servants Act (LXXI of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 791 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 791 (SCMR) (ABDUL RAZZAK ABBASI — Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.S. Siddiqui, Advocate Supreme Court and Manzoor Ilahi, Advocate -on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 8th April, 1990.
- M.S. Siddiqui, Advocate Supreme Court and Manzoor Ilahi, Advocate -on‑Record for Petitioner.
Headnotes / Summary
(From the judgment of the Federal Service Tribunal, dated 24-10-1988 passed in Appeal No. 236(R) of 1988).
S.6
Constitution of Pakistan (1973), Art.212(3)
Petitioner was a probationer and as such prescribed examination had to be passed by him and he was not to be deemed to have completed his period of probation satisfactorily unless he passed such examination
Tribunal examined claim made by petitioner by reference to law applicable to him and found that no relief could be granted to him
No ground for further examination existed
Leave to appeal was refused.
Judgment & Decree
Nemo for Respondents. Date of hearing: 8th April, 1990. SHAFIUR RAHMAN, J.‑‑‑The petitioner, a D.M.G. Officer, still on probation, seeks leave to appeal against the judgment of the Federal Service Tribunal dated 24‑10‑1988, whereby his appeal dismissed appeal before the Tribunal was dismissed. 2‑ The petitioner while on probation, received an order from the Establishment Division dated 12th of February, 1987 to the following effect:‑‑ "(1) The probationary period of Mr. Abdul Razzak Abbasi will not be terminated till he clears all the subjects of Final Passing Out Examination. (2) He stands to lose his seniority permanently, he should be superseded and placed junior to all those officers who clear the examination before him, irrespective of batch. (3) He will not be entitled to any increment until he passes the examination and his probationary period is terminated."
3. The petitioner sought the avoidance of its effect by approaching the Service Tribunal. The Service Tribunal examined the claim made by the petitioner by reference to the law applicable to him and held that no relief could be granted to him. The Tribunal has referred to, amongst others, section 6 of the Civil Servants Act which provides that the prescribed examination has to be passed by the probationer and he shall not be deemed to have completed his period of probation satisfactorily unless he passes such examination. It is surprising that the petitioner an officer of D.M.G. should be so hesitant in appearing at and clearing a departmental examination equally prescribed for all others similarly undergoing the training and seeking advancement in service.
4. There is no ground for further examination and leave to appeal is refused. H.B.T./A‑745/S Leave refused.