Pakistan Case LawSECRETARY, FINANCE DIVISION GOVERNMENT OF PAKISTAN and 2 others Versus EJAZ HUSSAIN MALIK
This petition for leave to appeal arises from an order of the Federal Service Tribunal, which had set aside the decision of a Selection Board denying the respondent, a permanent BPS-18 employee, a move-over to BPS-19. The respondent had sought a move-over effective from December 1, 1992, but the Selection Board rejected his request, citing specific shortcomings, including the fact that he had been granted Selection Grade BPS-18 only on June 1, 1992, and had not completed the requisite one-year tenure at the maximum of his pay scale. The Tribunal subsequently declared the Selection Committee's recommendations discriminatory and unlawful. The petitioners, representing the Government, challenged this, arguing that move-over is a concession, not a vested right, and thus not justiciable before the Service Tribunal. The Supreme Court granted leave to appeal to examine the interpretation of the phrase 'subject to the condition that they fulfil other conditions according to the existing policy' contained in the Finance Division's Office Memorandum dated May 17, 1992, to determine the scope of eligibility for move-over concessions for federal civil servants.
- Is the grant of move-over to a civil servant a justiciable matter before the Federal Service Tribunal?
- Does the denial of a move-over concession constitute a violation of the terms and conditions of service?
- What is the legal significance of the condition requiring fulfillment of existing policy criteria for the grant of move-over?
ORDER
MUKHTAR AHMED JUNEJO, J.---Leave to appeal is sought against an order dated 23-2-1994 passed by the Federal Service Tribunal in an appeal filed by Ejaz Hussain Malik.
Ejaz Hussain Malik is a permanent employee in BPS-18 in the office of A.G.P.R. He moved an application that he had reached maximum of his pay scale and be allowed move-over with effect from 1-12-1992. Case of the respondent for move-over was considered on 18-4-1993 by the Selection Board which did not recommend move-over to BPS-19 in view of certain shortcomings. One of the objections was that the respondent was granted Selection Grade BPS-18 with effect from 1-6-1992 and he had to stay at least for one year at the maximum of pay scale. The respondent was not satisfied with such decision and he submitted departmental appeal and thereafter invoked jurisdiction of the Federal Service Tribunal, which under the impugned order accepted his appeal after taking view that recommendations of the Selection Committee were discriminatory, void, non-maintainable and unlawful. Hence this petition.
Mr. Muhammad Nawaz Abbasi, learned counsel for the petitioners, argued that move-over is not a right but it is a concession and that move-over is not part of the terms and conditions of a Civil Servant and it was not justiciable before the Service Tribunal. The learned counsel also referred to the Appeal Rules, 1977 and to the Government of Pakistan, Finance Division, Office Memo dated 17- 5-1992 about the extension of the principles of move-over to employees of the Federal Government.
After hearing the learned counsel for the petitioners, we are inclined to grant leave to appeal to consider significance, of words "subject to the condition that they fulfil other conditions according to the existing policy' appearing in para. 2 of Government of Pakistan, Finance Division, Office Memo No, F.7(1)-Imp-I/92 dated 17-5-1992.
Judges on this bench
- Saiduzzaman Siddiqui789 judgments
- Mukhtar Ahmed Junejo485 judgments