AIJAZ AHMAD vs GOVERNMENT OF PAKISTAN through Ministry of Defence

This matter involves a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had dismissed the petitioner's service appeal regarding his employment status. The core legal question presented is whether the petitioner's appointment as a Deputy Chief Accounts Officer (D.C.A.O.) in Grade-18 constituted a promotion, thereby entitling him to specific pay fixation benefits under relevant government instructions. The petitioner contended that the Tribunal erred in its factual assumption that his appointment was not a promotion, relying on an office order explicitly stating his promotion to the position. Upon reviewing the documentary evidence, the Supreme Court found merit in the petitioner's argument that the appointment was indeed a promotion, which potentially entitled him to the claimed financial benefits. Consequently, the Court granted leave to appeal to further examine the merits of the case. The principle laid down is that where an official order explicitly characterizes an appointment as a promotion, the service tribunal must adjudicate the claim for consequential benefits based on that classification rather than assuming otherwise without evidence.