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Petitioner: GUL BEG KHAN NIAZI VS Respondent: PRIME MINISTER OF PAKISTAN
1992 P L C (C
1992 P L C (C.S.) 702
[Federal Service Tribunal]
Present: Syed Ally Madad Shah, Chairman, Rana Rifat Saeed and Misbah Ullah Khan, Members
GUL BEG KHAN NIAZI
Versus
PRIME MINISTER OF PAKISTAN through Establishment Division and 3 others
Appeal No. 44(R) of 1990, decided on 12th January, 1992.
Civil service---
----Promotion---Principle for promotion of Trained Graduate Teachers of "General Cadre", to which civil servant/appellant belonged and the "closed Are" to which respondent belonged laid down ratio for promotion between he Teachers in the General Cadre and those of closed Cadre as 12:1---Only twelve posts of teachers were available for promotion upto 21-2-1979 when civil servant was promoted---All those. Posts were to be filled in by the Trained graduate Teachers of the "General Cadre" to which the appellant civil servant belonged---View propounded by Department for displacing the seniority position of appellant was not correct, for respondent could not occupy the 12th vacancy, which was occupied by the appellant civil servant and he could only be promoted against the 13th vacancy available for the "Closed Cadre"-- Respondent's ante-dated promotion was with the purpose of placing him senior to the civil servant which was unjustified---Respondent's ante-dated promotion being without lawful authority was of no legal effect.
Raja Muhammad Asghar Khan for Appellant.
Hafiz SA. Rehman, Standing Counsel for Respondents Nos. 1 to 3.
P.E. Siddiqi for Respondent No. 4.
Dates of hearing: 1st and 2nd December, 1991.