1992 PLP (C (PLC(CS))
WAZIR MUHAMMAD ALI Versus FEDERATION OF PAKISTAN through Secretary, Establishment
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | High Court |
| Bench Members | Syed Ally Madad Shah Chairman and Ch. Hasan Nawaz, Member |
| Parties | WAZIR MUHAMMAD ALI Versus FEDERATION OF PAKISTAN through Secretary, Establishment |
| Primary Law | (b) Service Tribunals Act (LXX of 1973), (a) Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Service Tribunals Act (LXX of 1973), (a) 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 High Court bench comprising: Syed Ally Madad Shah Chairman and Ch. Hasan Nawaz, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (WAZIR MUHAMMAD ALI Versus FEDERATION OF PAKISTAN through Secretary, Establishment). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 21st July, 1991.
Headnotes / Summary
Upgradation of posts of Deputy Inspectors-General of Police-- Entitlement to upgradation
Civil servant serving as Deputy Inspector General of Police claiming entitlement to upgradation of post in Grade-20-- Establishment Division declining civil servant's request on the ground that only those persons who were in the Police Service of Pakistan were to be granted Grade-20 and not those who were not in that cadre
Upgradation of post was to be effective, irrespective of where it existed and by whomsoever it was being held
Proposal made by Establishment Division was not in accord with the decision of upgradation of post
Establishment Division's decision to upgrade only those posts which were held by the cadre of Police Service of Pakistan was the result of a concept which was not to be found in the decision of upgradation of posts by the competent Authority
Civil servant being Deputy Inspector-General of Police was entitled to be placed in BPS-20, because of the fact that he had been holding the post of Deputy Inspector General of Police and moreso, when he had already been allowed move over to BPS-20.
S.4
Civil servant filing representation within thirty days of the notification, which gave him the cause of action in the matter-- Rejection of such representation having been conveyed to civil servant on 25-2-1990, he addressed another representation and came to Service Tribunal within thirty days of its rejection
No justification existed for another representation, civil servant should have come to service Tribunal within thirty days of the rejection of his first representation
Civil servant being vigilant in pursuing the matter there was nothing on record to show that he was guilty of indolence or deliberate delay
Delay was condoned in circumstances
Civil servant's appeal was accepted and he was directed to be placed in Grade-20, with effect from specified date. Appellant in person.
Judgment & Decree
Appeal NO.SQ7(R) of 1990, decided on 31st July, 1991. (a) Civil service
Upgradation of posts of Deputy Inspectors-General of Police-- Entitlement to upgradation
Civil servant serving as Deputy Inspector General of Police claiming entitlement to upgradation of post in Grade-20-- Establishment Division declining civil servant's request on the ground that only those persons who were in the Police Service of Pakistan were to be granted Grade-20 and not those who were not in that cadre
Upgradation of post was to be effective, irrespective of where it existed and by whomsoever it was being held
Proposal made by Establishment Division was not in accord with the decision of upgradation of post
Establishment Division's decision to upgrade only those posts which were held by the cadre of Police Service of Pakistan was the result of a concept which was not to be found in the decision of upgradation of posts by the competent Authority
Civil servant being Deputy Inspector-General of Police was entitled to be placed in BPS-20, because of the fact that he had been holding the post of Deputy Inspector General of Police and moreso, when he had already been allowed move over to BPS-20. (b) Service Tribunals Act (LXX of 1973)
S.4
Civil servant filing representation within thirty days of the notification, which gave him the cause of action in the matter-- Rejection of such representation having been conveyed to civil servant on 25-2-1990, he addressed another representation and came to Service Tribunal within thirty days of its rejection
No justification existed for another representation, civil servant should have come to service Tribunal within thirty days of the rejection of his first representation
Civil servant being vigilant in pursuing the matter there was nothing on record to show that he was guilty of indolence or deliberate delay
Delay was condoned in circumstances
Civil servant's appeal was accepted and he was directed to be placed in Grade-20, with effect from specified date. Appellant in person. Date of hearing: 21st July, 1991.