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1992 PLC(CS) 1003

MUHAMMAD FAZAL DURRANI VS GOVERNMENT OF PAKISTAN

Petitioner: MUHAMMAD FAZAL DURRANI VS Respondent: GOVERNMENT OF PAKISTAN

Court: FEDERAL-SERVICE-TRIBUNAL

Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 1003

[Federal Service Tribunal]

Present: Syed Ally Madad Shah, Chairman, S.M. Ishaq and Ch. Hasan Nawaz, Members

Major (Retd.) MUHAMMAD FAZAL DURRANI

versus

THE GOVERNMENT OF PAKISTAN and 5 others

Appeal No. 23(Q) of 1988, decided on 8th December, 1991.

Civil service---

----Promotion---Appellant civil servant who was retired Military Officer and was inducted in civil service by Notification, had challenged promotion of respondents civil servants who entered into civil service as a result of competitive examination---Respondents civil servants were cleared for promotion by Central Selection Board in its meeting as they admittedly had cleared Departmental examination which was prerequisite for promotion, whereas appellant civil servant could not clear Departmental examination within prescribed period---Non-clearing of Departmental examination was not the only reason for not considering civil servant for promotion, but Board in its meeting also took notice of his service record which was found indifferent-- Indifferent service record of civil servant stood in way of his promotion rather than his failure to pass Departmental examination---Respondents civil servants who not only had cleared Departmental examination within prescribed period, but whose service record also was not defective like appellant were rightly promoted prior to civil servant and civil servant was rightly refused promotion and consequent seniority over and above respondent civil servants.

PLD 1985 SC 309 ref.

Muhammad Aslam Chishti for Appellant.

Sardar Muhammad Amir Akbar Khan alongwith Zakaullah Jan, D.R. for Respondents.

Respondents Nos. 2 to 6 (absent).

Date of hearing: 6th November, 1991.

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