Saadat Pervez Saian, EAD, Shahpur, Sargodha vs Chief Secretary, Government Of Punjab Etc
This civil review petition is directed against the judgment of the Supreme Court of Pakistan dated 11.11.2002 passed in Civil Appeal No. 588 of 2002, which partly allowed an appeal by converting the petitioner's punishment of dismissal from service into reduction in rank from Extra Assistant Commissioner (B-17) to Tehsildar (B-16). The core legal question raised in the review petition was whether the failure to specify the period of reduction in rank meant the petitioner would remain permanently in the lower rank without prospects of promotion, and the applicability of Fundamental Rule FR-29. The Supreme Court held that Fundamental Rule FR-29 applies to Federal Government employees rather than Provincial Government employees. However, upon the statement of the respondents' counsel that the petitioner would remain eligible for promotion on his turn in due course under applicable rules and instructions, the Court disposed of the review petition by clarifying that the impugned order must be read in conjunction with that statement.
- Does Fundamental Rule FR-29 apply to Provincial Government employees?
- Whether reduction in rank without a specified period permanently bars a civil servant from future promotion?
- Can an ambiguity regarding the effect of reduction in rank on future promotions be resolved through statements of respondents' counsel and clarifying orders?
ORDER This Civil Review Petition is directed against the judgment dated 11.11.2002 passed in Civil Appeal No. 588 of 2002 whereby the said appeal was partly allowed. The quantum of punishment of dismissal from service of the petitioner, in the given circumstances, was considered to be exorbitant, therefore, it was converted into reduction to lower rank of Tehsildar (B-16) from the rank of Extra Assistant Commissioner (B-17). The learned counsel for the petitioner submits that there is error apparent on the face of record as the period of reduction in the lower rank has not been specified with the result the petitioner would remain for ever in the lower rank i.e. B-16 and would have never be promoted, therefore, the same may be modified accordingly. He has relied upon Fundamental Rule, FR-29 which, according to our view, could not be attracted in the case of Provincial Government employees and would apply to Federal Government employees.
2. Learned counsel for the respondents submits , that the petitioner can be promoted on his turn in due course of time, in accordance with the rules and instructions on the subject and this reversion would not come in his way of all the times to come.
3. In view of the above statement made by the learned counsel for the respondents, the impugned order, under review, be read with the statement made by the learned counsel for the respondents, that the petitioner could be considered for promotion, on his turn in due course of time, in accordance with the rules and instructions on the subject.