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Petitioner: SECRETARY, FINANCE DIVISION GOVERNMENT OF PAKISTAN and 2 others VS Respondent: EJAZ HUSSAIN MALIK
Court Name: Supreme Court of Pakistan Judge(s): Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo Title:SECRETARY, FINANCE DIVISION GOVERNMENT OF PAKISTAN and 2 others vs
EJAZ HUSSAIN MALIK Case No.: Civil Petition No, 249 of 1994 Date of Judgment:1994-11-29 Reported As: 1995 SCMR 878 Result: Leave granted Judgment 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
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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.