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Petitioner: WAZIR MUHAMMAD ALI VS Respondent: FEDERATION OF PAKISTAN
1992 P L C (C
1992 P L C (C.S.) 231
(Federal Service Tribunal)
Present: Syed Ally Madad Shah Chairman and Ch. Hasan Nawaz, Member
WAZIR MUHAMMAD ALI
Versus
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and 2 others
Appeal NO.SQ7(R) of 1990, decided on 31st July, 1991.
(a) Civil service--
--- Promotion---Upgradation of posts of Deputy Inspectors-General of Police-- Entitlement to upgradation---Civil servant serving as Deputy Inspector General of Police claiming entitlement to upgradation of post in Grade-20-- Establishment Division declining civil servant's request on the ground that only those persons who were in the Police Service of Pakistan were to be granted Grade-20 and not those who were not in that cadre ---Validity---Upgradation of post was to be effective, irrespective of where it existed and by whomsoever it was being held---Proposal made by Establishment Division was not in accord with the decision of upgradation of post---Establishment Division's decision to upgrade only those posts which were held by the cadre of Police Service of Pakistan was the result of a concept which was not to be found in the decision of upgradation of posts by the competent Authority---Civil servant being Deputy Inspector-General of Police was entitled to be placed in BPS-20, because of the fact that he had been holding the post of Deputy Inspector General of Police and moreso, when he had already been allowed move over to BPS-20.
(b) Service Tribunals Act (LXX of 1973)--
---S.4---Appeal---Limitation---Civil servant filing representation within thirty days of the notification, which gave him the cause of action in the matter-- Rejection of such representation having been conveyed to civil servant on 25-2-1990, he addressed another representation and came to Service Tribunal within thirty days of its rejection---No justification existed for another representation, civil servant should have come to service Tribunal within thirty days of the rejection of his first representation---Civil servant being vigilant in pursuing the matter there was nothing on record to show that he was guilty of indolence or deliberate delay---Delay was condoned in circumstances---Civil servant's appeal was accepted and he was directed to be placed in Grade-20, with effect from specified date.
Appellant in person.
Date of hearing: 21st July, 1991.