2006 PLP (C (PLC(CS))
SYED NAZAR HUSSAIN SHAH Versus FEDERATION OF PAKISTAN and others
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Mohammad Iqbal Khan and Hassan Raza Pasha, Members |
| Parties | SYED NAZAR HUSSAIN SHAH Versus FEDERATION OF PAKISTAN and others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2006 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP (C (PLC(CS))?
The case was heard and decided by the Federal Service Tribunal bench comprising: Mohammad Iqbal Khan and Hassan Raza Pasha, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP (C (PLC(CS)) (SYED NAZAR HUSSAIN SHAH Versus FEDERATION OF PAKISTAN and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shah Abdur Rashid and Asma Siddiqui for Appellant.
- Date of hearing: 31st January, 2004.
Headnotes / Summary
Move over
Claim for
Request of civil servant for move-over to BPS-20 from date he reached maximum of scale to BPS-19 after his re-instatement in service with order of Service Tribunal, was rejected on ground that service record of civil servant was not available, from period 6-5-1981 to 4-12-1988
Civil servant who initially was posted as clerk, gradually rose to position of an officer in BPS-19 and remained on deputation from years 1977 to 1981
Civil servant was dismissed from service on 3-9-1983, but was reinstated by order of Service Tribunal on 18-8-1996
Civil servant reached the age of superannuation on 4-12-1988
Rise of civil servant from position of a clerk to that of An officer in BPS-19, had provided enough collateral evidence of his good service record, coupled with the fact that his borrowing department had no objection to the grant of move-over to him to BPS-20
Posting of civil servant on deputation, would not constitute viable justification for not considering him for benefit of move-over
Withholding move-over of civil servant to BPS-20 on the ground that his record of service was not available with Authorities, was not legally sustainable
As soon as civil servant was reinstated in service in the light of Service Tribunal's judgment and was paid all his dues, issue of his move-over to next scale of BPS-20 should have engaged the attention of Authorities, but Authorities made no effort in that regard
Authorities were directed to re-consider case of civil servant for grant of move-over to BPS-20 w.e.f. 1-12-1983 based on his service record already available with them
Civil servant would be entitled to pensionary/terminal benefits consequential to grant of move-over to him to BPS-20. Javed Aziz Sindhu Standing Counsel for the Respondent with Abdul Hakeem Rahi, Steno, Establishment Division and Mr. Meharban Khan, Admin. Officer, FGEI, as Departmental Representatives.
Judgment & Decree
Appeal No.236(R) CS/2003, decided on 10th February, 2004. Civil service
Move over
Claim for
Request of civil servant for move-over to BPS-20 from date he reached maximum of scale to BPS-19 after his re-instatement in service with order of Service Tribunal, was rejected on ground that service record of civil servant was not available, from period 6-5-1981 to 4-12-1988
Civil servant who initially was posted as clerk, gradually rose to position of an officer in BPS-19 and remained on deputation from years 1977 to 1981
Civil servant was dismissed from service on 3-9-1983, but was reinstated by order of Service Tribunal on 18-8-1996
Civil servant reached the age of superannuation on 4-12-1988
Rise of civil servant from position of a clerk to that of An officer in BPS-19, had provided enough collateral evidence of his good service record, coupled with the fact that his borrowing department had no objection to the grant of move-over to him to BPS-20
Posting of civil servant on deputation, would not constitute viable justification for not considering him for benefit of move-over
Withholding move-over of civil servant to BPS-20 on the ground that his record of service was not available with Authorities, was not legally sustainable
As soon as civil servant was reinstated in service in the light of Service Tribunal's judgment and was paid all his dues, issue of his move-over to next scale of BPS-20 should have engaged the attention of Authorities, but Authorities made no effort in that regard
Authorities were directed to re-consider case of civil servant for grant of move-over to BPS-20 w.e.f. 1-12-1983 based on his service record already available with them
Civil servant would be entitled to pensionary/terminal benefits consequential to grant of move-over to him to BPS-20. Shah Abdur Rashid and Asma Siddiqui for Appellant. Javed Aziz Sindhu Standing Counsel for the Respondent with Abdul Hakeem Rahi, Steno, Establishment Division and Mr. Meharban Khan, Admin. Officer, FGEI, as Departmental Representatives. Date of hearing: 31st January, 2004.