Pakistan Case Law
1998 SCMR 1345

Wing Cdr. (Retd.) ABDUL MUJEEB vs PRIME MINISTER OF PAKISTAN through Secretary, Establishment Division, Islamabad and others

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Citation1998 SCMR 1345
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 315 of 1996 Appeal No, 24(R)/1996
Date1998-04-02
Judge(s)Irshad Hasan Khan and Sh. Ijaz Nisar
Authored byIrshad Hasan Khan
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter involves a petition for leave to appeal before the Supreme Court of Pakistan against an order of the Federal Service Tribunal concerning the petitioner's service rights. The core legal question raised is whether the Federal Service Tribunal erred in law by refusing to grant the petitioner promotion on an acting charge basis despite his eligibility for regular promotion, where he was superseded solely due to a lack of the required length of service. The Supreme Court granted leave to appeal to examine and adjudicate upon the correctness of the Federal Service Tribunal's decision regarding eligibility and promotion on an acting charge basis under such circumstances. The key principle laid down at this interlocutory stage is that the Supreme Court will grant leave to appeal to examine the lawfulness of service tribunal orders that deny acting charge promotion to otherwise eligible civil servants on the ground of deficiency in length of service.

Questions settled in this judgment
  • Whether the Federal Service Tribunal was justified in refusing promotion on an acting charge basis to a civil servant found eligible for regular promotion?
  • Can a civil servant who meets eligibility criteria for regular promotion be denied acting charge promotion solely due to lack of the required length of service?
  • Is leave to appeal maintainable against a Federal Service Tribunal decision concerning supersession and acting charge promotion?
leave to appealFederal Service Tribunalacting charge promotionlength of servicesupersessionservice matter

ORDER

1. ' IRSHAD HASAN KHAN, J.---Leave to appeal is granted to consider whether the Federal Service Tribunal was right in not promoting the petitioner on acting charge basis inasmuch as he was found eligible for regular promotion, but due to lack of required length of service he was superseded?

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