RIZWANULLAH KHAN, ASSISTANT COMMISSIONER OF INCOME TAX and another
This matter concerns a series of connected appeals challenging a judgment dated 20-1-2001 passed by the Federal Service Tribunal, which had dismissed appeals regarding departmental promotions. The core legal question before the Supreme Court of Pakistan involved determining whether the Federal Service Tribunal correctly adjudicated the availability of promotion quota vacancies when it dismissed the appellants' claims. Upon review, the Supreme Court noted that while the Establishment Division had conveyed approval for the promotion of 52 Income Tax Officers, the Tribunal failed to ascertain the actual existence of vacancies within the promotion quota at the relevant time, which was essential to resolving the controversy. Recognizing this factual deficiency, the parties jointly requested a remand. Consequently, the Supreme Court set aside the impugned judgment without expressing an opinion on the merits. The case was remanded to the Federal Service Tribunal for a fresh decision, with a specific mandate to determine the factual position regarding the existence of promotion quota vacancies on the target dates. The appeals were allowed accordingly.
- Can a service tribunal dismiss an appeal regarding departmental promotion without first verifying the existence of vacancies in the promotion quota?
- Is it appropriate for the Supreme Court to remand a case to the Federal Service Tribunal when the lower forum failed to resolve a critical factual controversy regarding vacancy availability?
ORDER
' MUHAMMAD NAWAZ ABBASI, J.---These connected appeals involving common question of law and facts, have been directed against the judgment dated 20-1-2001 passed by the Federal Service Tribunal whereby the Appeals bearing Nos. 1243 to 1246(K)/99 and 1274 to 1277(K)/99 on the subject of departmental promotion, have been dismissed.
2. We having heard the learned counsel for the parties and perused the record with their assistance, when pointed out to them that the Tribunal in para 7 of the judgment, has observed that Establishment Division had conveyed the approval for promotion of 52 I.T.Os. But the actual position regarding, the existence of the vacancies of promotion quota, was not ascertained to resolve the controversy, they having realized the defect in the judgment jointly submitted that the case may be sent back to the Tribunal for decision of the appeals afresh in the light of the correct factual position of the vacancies at the relevant time. In view thereof, we without commenting upon the matter in either way, set aside the impugned judgment and remand the case to the Tribunal for decision of the appeals afresh after determination of the question relating to the existence of the vacancies of promotion quota on the target dates. These A appeals are allowed in the above terms, with no order as to costs.