MANZOOR HUSSAIN Versus SECRETARY, ESTABLISHMENT DIVISION, PAK, SECRETARIAT NO.L, RAWALPINDI
This matter arises from a petition for special leave to appeal against the order of the Federal Service Tribunal, which dismissed the petitioner's appeal challenging the legality of a promotional examination for the posts of Section Officers. The core legal question was whether the holding of a promotional examination for filling Section Officer vacancies conflicts with Section 9 of the Civil Servants Act and the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. The Supreme Court held that appointments to the post of Section Officer are made by selection from eligible officials serving in grades 11 to 16 who lack a common seniority list, and therefore the holding of a promotional examination does not conflict with the aforementioned statutory provisions. The petition was accordingly dismissed. The key principle laid down is that selection for Section Officer posts through a promotional examination among eligible officials without a common seniority list is legally valid and does not violate the Civil Servants Act or its allied rules.
- Does the holding of a promotional examination for the post of Section Officer conflict with Section 9 of the Civil Servants Act 1973?
- Are appointments to the post of Section Officer considered promotions in the ordinary sense?
- Section 9, Civil Servants Act 1973
ORDER
SAAD SAOOD JAN, J. -- This is a petition for special leave to appeal from the order dated 21-2-1987 of the Federal Service Tribunal, dismissing the appeal of the petitioner.
2. On 27-1-1975 the Establishment Division issued an office memorandum prescribing, inter alia, the manner of filling the posts of Section Officers. Thus, paragraph 7 (b) stated that 1/3rd of the vacancies of Section Officers would be filled by promotion of the departmental eligible candidates through a promotional examination. In April, 1984, the Federal Public Service Commission invited applications for the Promotional examination. The petitioner, an Assistant in the Ministry of Defence, filed an appeal before the Federal Service Tribunal wherein he challenged the legality of the Promotional examination, alleging that it was in conflict with the provision of Section 9 of the Civil Servants Act and the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. The petitioner's contention was rejected by the Federal Service Tribunal. He now seeks leave to appeal from this Court.
3. After hearing the petitioner who appeared in person, we are unable to find any merit in this petition. It is to be noticed that the appointments to the post of Section Officer are not promotions in the; ordinary sense but these are made by selection from officials serving in grades 11 to 16 in the Federal Secretariat and attached departments. Those eligible for promotion do not have any common seniority list. For selecting the most suitable persons, the holding of Promotional examination does not come in conflict with the provision of Section 9 of the Civil Servants Act or the Civil Servants (Appointment, Promotion and Transfer) Rule, 1973. This petition is, therefore, dismissed.
M . I . / M-207 / S Petition dismissed.
Cited by 1 case
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