1987 SCMR 1480

A. HAMID SIAL vs THE FEDERATION OF PAKISTAN

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Citation1987 SCMR 1480

CourtSupreme Court of Pakistan

Case No.Civil Petition for Special Leave to Appeal No. 658 of 1982 Appeal No. 151(L) of

Date1987-06-13

Judge(s)Aslam Riaz Hussain and Saad Saood Jan

Authored bySaad Saood Jan

ResultPetition dismissed

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This matter comes before the Supreme Court of Pakistan by way of a petition for special leave to appeal against the order of the Federal Service Tribunal dated 12-5-1982. The petitioner, an Assistant Soil Survey Research Officer in the Ministry of Food and Agriculture, sought the upgradation of his post to N.P.S.-17 with effect from 28-8-1972, parity with certain other posts in the Ministry, rather than from the later date of 21-10-1978 granted by the authorities. The Federal Service Tribunal dismissed the petitioner's appeal, holding that the determination of the date for upgrading appointments lies within the discretion of the Government, while making a recommendation for the Government to examine the grievance. The core legal question concerns whether the Service Tribunal or the Court can interfere with the Government's executive discretion regarding the effective date of upgrading a civil servant's post. The Supreme Court held that no substantial question of law of public importance arises in the matter, and accordingly dismissed the petition for leave to appeal, affirming that the timing of upgradation is a matter for the Government to determine.

Questions settled in this judgment

Whether the Government has the discretion to determine the effective date for upgrading various appointments in public service?
Does the refusal of the Federal Service Tribunal to interfere with the executive date of a post's upgradation raise a substantial question of law of public importance?

service tribunalupgradation of postcivil servantexecutive discretionleave to appeal

ORDER

SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order, dated 12-5-1982 of the Federal Service Tribunal.

2. The petitioner joined service in the Ministry of Food and Agriculture as Assistant Soil Survey Research Officer in N.P.S.-16. His post was upgraded to N.P.S.-17 on 21-10-1978. Certain other posts in the Ministry were upgraded to N.P.S.-17 with effect from 28-8-1972. The case of the petitioner before the Federal Service Tribunal was that his post should have also been upgraded with effect from 28- 8-1972 when the other posts were so upgraded. The Federal Service Tribunal rejected his appeal with the observation that it was up to the Government to upgrade various appointments from the dates it deemed appropriate. However, it made a recommendation to the Government to look into the grievance of the petitioner. The petitioner seeks leave to appeal from the order of the Federal Service Tribunal.

3. After hearing the learned counsel for the petitioner we are l not satisfied that any substantial question of law of public importance arises in this case. This petition is accordingly dismissed.