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Petitioner: LIAQAT ALI VS Respondent: SECRETARY, MINISTRY OF FOOD, AGRICULTURE AND COOPERATIVES, ISLAMABAD
1992 P L C (C
1992 P L C (C.S) 721
[Federal Service Tribunal]
Present: Syed Ally Madad Shah, Chairman and Rana Rifat Saeed Member
LIAQAT ALI
Versus
SECRETARY, MINISTRY OF FOOD, AGRICULTURE AND COOPERATIVES, ISLAMABAD and 3 others
Appeal No. 2(R) of 1991, decided on 15th January, 1992.
(a) Civil service---
---Appointment---Mode of---Appointment to the specific post that was revived after it had remained in abeyance should have been made on the basis of the rules which operated at the time of its revival and not on the basis of the rules which existed at the time it was kept in abeyance.
1985 SCMR 699 and 1990 SCMR 1321 ref
(b) Civil service---
----Promotion---Specified post having once been abolished revival of same with retrospective effect was maneuvered to give undue benefit of promotion to respondent and to deprive civil servant/appellant of the promotion to the post---Respondent's promotion with retrospective effect was, thus, in circumvention of the relevant rules and not sustainable.
(c) Service Tribunals Act (LXX of 1973)---
----S. 4(1)---Appeal---Limitation---Notification of respondent's promotion was issued on 11-8-1990; appellant made representation against such promotion on 8-9-1990, which remained un-responded until he filed appeal on 2-1-1991-- Appellant's appeal was thus, well within time as prescribed under S.4(1), Service Tribunals . Act, 1973---Appeal was allowed to the extent that respondent's promotion with retrospective effect was set aside.
Raja Muhammad Asghar Khan for Appellant.
Arshad Mahmood, Section Officer, Ministry of Food and Agriculture for Respondents Nos. 1, 2 and 3.
Respondent No. 4 in person.
Date of hearing: 8th December, 1991.