GOVXNMENT OF PAKISTAN Versus AMAR MEHMOOD

IRSHAD HASAN KHAN, J. ‑‑‑This petition for leave to appeal is directed against the order, dated 27‑3‑1997, passed by the Federal Service Tribunal, Lahore (hereinafter referred to as the Tribunal). in Appeal No.362(L) of 1996.

2. Brief facts are that the petitioner joined the Customs Department as Upper Division Clerk on 24‑10‑1984 in Grade‑8. The relevant rule contained in S.R.O. 57(1)/77, dated 5‑1‑1977 contemplates that for promotion to the post of Inspector the minimum pass marks are 50% in each paper. The respondent admittedly secured 50% marks in three papers but got 42 marks in the fourth paper. The Tribunal took the view that the department allowed grace marks to two candidates in the' examination held in 1990 and therefore, following the principle of consistency the respondent was‑ also entitled to the same treatment.

3. After hearing the learned counsel for the petitioners and the respondent/caveator we find that the impugned order of the Tribunal does not suffer from any legal infirmity to warrant interference. Even otherwise, no question of law of public importance is involved herein for interference in terms of Article 212(3) of the Constitution.

4. Resultantly the petition is dismissed and leave refused.

H.B.T./G‑30/S Petition dismissed.