PLC(CS) 1992

1992 PLP (C (PLC(CS))

Major (Retd.) MUHAMMAD FAZAL DURRANI Versus THE GOVERNMENT OF PAKISTAN and 5 others

Jurisdiction / Court
Federal Service Tribunal
Decided Date
Appeal No. 23(Q) of 1988, decided on 8th December, 1991.
Honorable Judges
Syed Ally Madad Shah, Chairman, S.M. Ishaq and Ch. Hasan Nawaz, Members
Case Reference Summary (AEO Optimized)
Citation 1992 PLP (C (PLC(CS))
Forum / Court Federal Service Tribunal
Bench Members Syed Ally Madad Shah, Chairman, S.M. Ishaq and Ch. Hasan Nawaz, Members
Parties Major (Retd.) MUHAMMAD FAZAL DURRANI Versus THE GOVERNMENT OF PAKISTAN and 5 others
Primary Law Civil service
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?

This judgment primarily cites: Civil service as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?

The case was heard and decided by the Federal Service Tribunal bench comprising: Syed Ally Madad Shah, Chairman, S.M. Ishaq and Ch. Hasan Nawaz, Members.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Major (Retd.) MUHAMMAD FAZAL DURRANI Versus THE GOVERNMENT OF PAKISTAN and 5 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Civil service

Representation

  • Muhammad Aslam Chishti for Appellant.
  • Sardar Muhammad Amir Akbar Khan alongwith Zakaullah Jan, D.R. for Respondents.
  • Date of hearing: 6th November, 1991.

Headnotes / Summary

Promotion

Appellant civil servant who was retired Military Officer and was inducted in civil service by Notification, had challenged promotion of respondents civil servants who entered into civil service as a result of competitive examination

Respondents civil servants were cleared for promotion by Central Selection Board in its meeting as they admittedly had cleared Departmental examination which was prerequisite for promotion, whereas appellant civil servant could not clear Departmental examination within prescribed period

Non-clearing of Departmental examination was not the only reason for not considering civil servant for promotion, but Board in its meeting also took notice of his service record which was found indifferent-- Indifferent service record of civil servant stood in way of his promotion rather than his failure to pass Departmental examination

Respondents civil servants who not only had cleared Departmental examination within prescribed period, but whose service record also was not defective like appellant were rightly promoted prior to civil servant and civil servant was rightly refused promotion and consequent seniority over and above respondent civil servants. PLD 1985 SC 309 ref. Respondents Nos. 2 to 6 (absent).

Judgment & Decree

Civil service

Promotion

Appellant civil servant who was retired Military Officer and was inducted in civil service by Notification, had challenged promotion of respondents civil servants who entered into civil service as a result of competitive examination

Respondents civil servants were cleared for promotion by Central Selection Board in its meeting as they admittedly had cleared Departmental examination which was prerequisite for promotion, whereas appellant civil servant could not clear Departmental examination within prescribed period

Non-clearing of Departmental examination was not the only reason for not considering civil servant for promotion, but Board in its meeting also took notice of his service record which was found indifferent-- Indifferent service record of civil servant stood in way of his promotion rather than his failure to pass Departmental examination

Respondents civil servants who not only had cleared Departmental examination within prescribed period, but whose service record also was not defective like appellant were rightly promoted prior to civil servant and civil servant was rightly refused promotion and consequent seniority over and above respondent civil servants. PLD 1985 SC 309 ref. Muhammad Aslam Chishti for Appellant. Sardar Muhammad Amir Akbar Khan alongwith Zakaullah Jan, D.R. for Respondents. Respondents Nos. 2 to 6 (absent). Date of hearing: 6th November, 1991.