2000 PLP 1555 (SCMR)
HAJI MUHAMMAD — Appellant Versus FEDERATION OF PAKISTAN through Secretary, Establishment Division, Government of Pakistan, Islamabad and others — Respondents
| Citation | 2000 PLP 1555 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, C.J., Sh. Riaz Ahmed and Ch. Muhammad Arif, JJ |
| Parties | HAJI MUHAMMAD — Appellant Versus FEDERATION OF PAKISTAN through Secretary, Establishment Division, Government of Pakistan, Islamabad and others — Respondents |
| Primary Law | (a) Constitution of Pakistan (1973), (b) Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2000 PLP 1555 (SCMR)?
This judgment primarily cites: (a) Constitution of Pakistan (1973), (b) Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1555 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, C.J., Sh. Riaz Ahmed and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1555 (SCMR) (HAJI MUHAMMAD — Appellant Versus FEDERATION OF PAKISTAN through Secretary, Establishment Division, Government of Pakistan, Islamabad and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz Tariq Naseem, Advocate Supreme Court with Ejaz Muhammad Khail, Advocate-on-Record for Appellant.
- Maulvi Anwar-ul-Haq, D.A.-G. with Imtiaz Muhammad Khan, Advocate-on-Record for Respondents Nos. 1 and 3.
- Date of hearing: 22nd June, 1998.
Headnotes / Summary
(On appeal from the judgment, dated 7-8-1993 passed by the Federal Service Tribunal, Islamabad in Appeal No. 194Q of 1992).
Art.212(3)
Civil Servants Act (LXXI of 1973), S.17
Leave to appeal was granted to consider the contention that civil servant had claimed promotion against departmental quota and according to him he was entitled to be promoted from 1986; that appeal was dismissed by Service Tribunal on the ground that same was barred by time and that the Departmental quota was fully observed.
S.4--Civil Servants Act (LXXI of 1973), S.17
Promotion against departmental quota was claimed by civil servant
Service Tribunal while dismissing the appeal of the civil servant did not make any effort to find out whether there were any vacancies in the promotee's quota available and if so on what dates
Judgment/order of Service Tribunal was set, aside and case was remanded to the Tribunal for decision afresh. Aslam Warraich v. Secretary, Planning and Development Division 1991 SCMR 2330 ref. Respondents Nos. 2 and 4 to 85: Ex parte.
Judgment & Decree
CH. MUHAMMAD ARIF, J.
In this service matter the appellant was granted leave, in his Civil Petition No-597 of 1993 directed against judgment/order, dated 7-8-1993 whereby the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, dismissed his Appeal No. 194-L of 1992, in the following terms:-- "The petitioner had claimed promotion against departmental quota. According to him he was entitled to be promoted from 1986. His appeal was dismissed by the Federal Service Tribunal on the ground that the same was barred by time and that the departmental quota p, was fully observed. Learned counsel for the petitioner submitted that in an identical case (Civil Appeal 330 of 1993) leave has been granted. Leave is granted in this case-also. The question whether the appeal before the Tribunal was barred by time will be considered at the time of regular hearing. To be heard alongwith Civil Appeal No. 330 of 1993."
2. The instant appeal was listed for 1-6-1998 alongside Civil Appeal No.330. of 1993 titled Syed Badar-e-Munir v. The Government of Pakistan through Secretary, Establishment Division, Islamabad and 184 others and was disposed of on the said date after hearing the learned counsel for the appellant therein and Maulvi Anwar-ul-Haq, D.A.-G., as the learned Law Officer was not in a position to controvert the arguments of the learned counsel for the appellant that the learned Tribunal did not make any effort whatsoever to find out whether their were any vacancies in the promotees quota available and if so on What date/s. The instant case could not be taken up then and was postponed, on the written request of the learned counsel for the appellant pleading his indisposition.
3. Mr. Hafiz Tariq Naseem, learned counsel for the appellant, has simply argued that the position noticed by this Court in the judgment, dated 1-6-1998 in Civil Appeal No.330 of 1993 goes a long way in helping the case of his client as well and that he is also to be treated at par with Syed Badar-e-Munir, appellant in Civil Appeal No.330 of 1993. The learned Law Officer was aware of the judgment, dated 1-6-1998 and did not object to the remand of this case to the Tribunal in view of. this Court's judgment reported as Aslam Warraich v. Secretary, Planning and Development Division (1991 SCMR 2330).
4. Resultantly, the instant appeal is allowed, judgment/order of the Tribunal passed in Appal No. 194-L of 1992 on 7-8-1993 is set aside and the case is remanded to the Tribunal for decision afresh. There shall be no order as to costs. Q.M.H./M.A.K./H-13/S Appeal allowed.