1986 SCMR 1409

FEDERATION OF PAKISTAN And Another vs Rao MUHAMMAD YASIN KHAN

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Citation1986 SCMR 1409

CourtSupreme Court of Pakistan

Case No.Civil Petition No.454-R of 1985 Appeal No.93 (R) of 1984

Date1986-04-13

Judge(s)Muhammad Haleem, C. J., Shafiur Rahman and Zaffar Hussain Mirza

Authored byMuhammad Haleem

ResultLeave granted

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This matter concerns a petition for leave to appeal filed by the Federation of Pakistan against an order of the Federal Service Tribunal. The core legal question presented for the Supreme Court's consideration is whether the Federal Service Tribunal possessed the legal authority to issue a direction declaring that the first respondent should be deemed to have continued in N.P.S. 19 following his reversion from the Northern Areas, including the entitlement to all consequential benefits, despite the admitted fact that the respondent had not been regularly promoted to Grade 19. The Supreme Court granted leave to appeal to examine the scope of the Tribunal's powers in service matters regarding deemed promotions and the granting of consequential benefits in the absence of a regular promotion. Pending the final adjudication of the appeal, the Court modified the interim order by suspending the operation of the Tribunal's direction concerning the respondent's appointment to the higher post. The Court further directed that the appeal be heard on the existing record, while granting the parties liberty to file additional documents.

Questions settled in this judgment

Is the Federal Service Tribunal legally empowered to direct that a civil servant be deemed to have continued in a higher grade after reversion, despite the absence of a regular promotion?
Can the Federal Service Tribunal grant consequential benefits for a higher post to which a civil servant was not regularly promoted?

service lawFederal Service Tribunaldeemed promotionconsequential benefitsleave to appealN.P.S. 19

ORDER

1. MUHAMMAD HALEEM, C.J.--Leave to appeal is granted to consider the following question: Whether the Federal Service Tribunal was legally empowered to give a direction in terms that the first respondent "shall be deemed to have continued in N.P.S. 19 after his reversion from the Northern Areas with all consequential benefits", in the context of the admitted fact that he was not regularly promoted to Grade 19.

2. The interim order in the meanwhile is modified to the extent that the impugned order is suspended qua the direction of the first respondent to the higher post.

3. The appeal arising from this petition shall be heard on the present record with liberty to the parties to file additional documents, if any.