FEDERATION OF PAKISTAN And Other vs MUHAMMAD QAISAR HAYAT KHAN
This matter arises from a petition filed by the Federation of Pakistan challenging the judgment dated 20-4-1993 passed by the Federal Service Tribunal in Service Appeal No.278(L) of 1992, whereby the respondent, an Electronic Engineer in BPS-17 in the Pakistan Meteorological Department, was granted move-over to BPS-18. The core legal question was whether a civil servant with 'average' Annual Confidential Reports is entitled to the grant of move-over when such reports are not formally communicated as adverse. The Supreme Court dismissed the petition and refused leave to appeal, holding that the Tribunal correctly applied the established dictum that an 'average' report cannot be treated as adverse unless specifically communicated and must be treated as 'generally good' for the purpose of move-over if there are no adverse reports. The key principle laid down is that uncommunicated 'average' ACRs cannot bar a civil servant from obtaining a move-over.
- Whether an 'average' Annual Confidential Report can be treated as an adverse report for the purpose of denying move-over?
- Does an uncommunicated 'average' report suffice to withhold the grant of move-over to a civil servant?
- Whether the rule treating 'average' reports as 'generally good' in the absence of adverse reports applies to move-over cases?
ORDER
MANZOOR HUSSAIN SIAL, J.---The Federation of Pakistan through Secretary, Establishment Division and three others have called in question the validity of judgment dated 20-4-1993, passed by the Federal Service Tribunal (hereinafter referred to as "Tribunal"), in Service Appeal No.278(L) of 1992.
2. The respondent employed as Electronic Engineer, in BPS-17, in Pakistan Meteorological Department, was denied move-over to BPS-18, with effect from 1-12-1984, on the basis of the decision of the departmental authority. He approached the Tribunal in appeal which was accepted vide impugned judgment dated 20-4-1993, and he was granted the relief prayed for, by him in the appeal. The Tribunal repelled the contention raised by the departmental representative that the respondent had only earned "average" Annual Confidential Reports in the preceding five years and therefore was not entitled to the grant of move-over. The Tribunal in fact relied on the dictum laid down by the Supreme Court in Muhammad Anwar v. The Secretary, Establishment Division and others (PLD 1992 SC 144), wherein it was observed, "if there is no adverse report against him and he gets "average reports" they would have to be treated as "generally good" for purpose of move-over.
Because a report of "average" cannot be treated as adverse unless specifically so treated and then conveyed to the civil servant as an adverse report."
3. We have heard learned counsel for petitioners and have perused the relevant record. Learned counsel for petitioners reiterated the contention earlier advanced before the Tribunal. The dictum laid down in the aforesaid precedent has correctly been applied by the Tribunal in the instant case.
After hearing learned counsel for petitioners, we find that this is not a fit case for interference in the impugned judgment of the Tribunal. In consequence this petition fails and leave is refused.