ABDUL RAZZAK ABBASI vs SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT
The petitioner, a probationary D.M.G. Officer, sought leave to appeal against the judgment of the Federal Service Tribunal which dismissed his appeal against an order of the Establishment Division. The impugned order stipulated that his probationary period would not be terminated until he cleared all subjects of the Final Passing Out Examination, that he would lose his seniority permanently and be superseded by officers clearing the examination before him, and that he would not be entitled to increments until passing the examination. The core legal question concerned the legality of deferring the completion of probation, loss of seniority, and withholding of increments upon failure to pass the mandatory departmental examination. The Supreme Court held that the Service Tribunal rightly dismissed the appeal, as section 6 of the Civil Servants Act expressly mandates that a probationer must pass the prescribed examination to satisfactorily complete the probationary period. The key principle laid down is that satisfactory completion of probation and consequent seniority and increments are contingent upon successfully passing mandatory departmental examinations as prescribed by law.
- Whether a probationer civil servant can complete their probationary period satisfactorily without passing the prescribed departmental examination?
- Does failure to pass the Final Passing Out Examination warrant loss of seniority and withholding of increments?
- Can the Establishment Division defer the termination of a probationer officer's probationary period upon failure to clear departmental examinations?
- Section 6, Civil Servants Act 1973
ORDER
SHAFIUR RAHMAN, J.---The petitioner, a D.M.G. Officer, still on probation, seeks leave to appeal against the judgment of the Federal Service Tribunal dated 24-10-1988, whereby his appeal dismissed appeal before the Tribunal was dismissed.
2- The petitioner while on probation, received an order from the Establishment Division dated 12th of February, 1987 to the following effect:-- "(1) The probationary period of Mr. Abdul Razzak Abbasi will not be terminated till he clears all the subjects of Final Passing Out Examination.
(2) He stands to lose his seniority permanently, he should be superseded and placed junior to all those officers who clear the examination before him, irrespective of batch.
(3) He will not be entitled to any increment until he passes the examination and his probationary period is terminated."
3. The petitioner sought the avoidance of its effect by approaching the Service Tribunal. The Service Tribunal examined the claim made by the petitioner by reference to the law applicable to him and held that no relief could be granted to him. The Tribunal has referred to, amongst others, section 6 of the Civil Servants Act which provides that the prescribed examination has to be passed by the probationer and he shall not be deemed to have completed his period of probation satisfactorily unless he passes such examination. It is surprising that the petitioner an officer of D.M.G. Should be so hesitant in appearing at and clearing a departmental examination equally prescribed for all others similarly undergoing the training and seeking advancement in service.
4. There is no ground for further examination and leave to appeal is refused.