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Petitioner: CHAIRMAN, P.O.F., WAH CANTT. VS Respondent: MUZHAR SHAH
1997 P L C (C
1997 P L C (C.S.) 759
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan, Munawar Ahmad Mirza and Khalil‑ur‑Rehman Khan, JJ
CHAIRMAN, P.O.F., WAH CANTT.
versus
MUZHAR SHAH
Civil Petition No. 548 of 1996, decided on 19th February, 1997.
(On appeal from the judgment and order of the Federal Service Tribunal, Islamabad dated 21‑7‑1996 in M.P. No. 110/96 in A.No.168‑R/96).
Civil Servants Act (LXXI of 1973)‑‑‑
‑‑‑‑S. 8‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Move‑over granted to civil servant by treating his average report as good report by Service Tribunal‑‑‑Validity‑‑‑Leave to appeal was granted to consider scope of notification whereunder civil servant was eligible for move‑over if he had got one good report within last five years including the year of move‑over‑‑ Supreme Court, however, refused to suspend operation of the order of Service Tribunal during the pendency of appeal which was ordered to be fixed for an early date.
PLD 1992 SC 144 rel
Mumtaz Ali Mirza, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Respondent in person
ORDER
The Chairman, P.O.F. has called in question the validity‑ of judgment dated 27‑1‑1996 as modified by order dated 21‑7‑1996, passed by the Service Tribunal, Islamabad in Appeal No. 168(R) of 1996, whereby move‑over has been granted to respondent by treating the average report as good report. In, terms of Notification dated 17‑2‑1991 a civil servant is eligible for move‑over from B‑16 to‑ B‑17 if he gets one good report within last five years inclusion of the year of move‑over, Federal Service Tribunal has relied on the decision of this Court reported in PLD 1992 SC 144 wherein it was observed:
"If there is no adverse report against him and he gets 'average report' would have to be treated as 'generally good' for purpose of move‑over. Because a report 'average cannot be treated as adverse' unless specifically so treated and then conveyed to the civil servant as an adverse report. "
Reliance was also placed on a decision of this Court reported in 1994 SCMR 544.
Leave to appeal is granted to consider the scope of the Notification No. F.7(1)Impt.1/90‑Vo1.II, dated 17‑2‑1991. We are not inclined to suspend the operation of the order of the Service Tribunal. However, that appeal should be heard if an early date.
A.A./C‑182/S Leave granted.