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Civil Petition for Leave to Appeal No. 90‑R of 1984, decided on 24th June, 1984.
(On appeal from the judgment dated 11th January, 1984 of the Federal Service Tribunal, Islamabad in Appeal No. 152(R) of 1981).
‑‑‑Art. 212(3)‑‑Civil Servants Act (LXXI of 1973), Ss. 5 & 9--Appointment‑‑Promotion‑‑Leave to appeal granted to consider pleas that apart from having erred in not dismissing respondent's appeal as time‑barred, Service Tribunal had totally ignored categorical position that according to rules post was to be filled in by direct recruitment and not by promotion. ‑‑[Civil services]
Munir A. Sheikh, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
Nemo for Respondent.
Date of hearing: 24th June, 1984
This is a petition for leave to appeal from the judgment of Federal Services Tribunal dated 11th January, 1984 by which it has been, inter alia, directed that the respondent alongwith another officer, Mr. Irshad Ahmed, should be considered for promotion to the post of the Chief, Industries and Commerce Section, Planning and Development Division, Government of Pakistan.
Mr. Munir Sheikh, learned Deputy Attorney General, appearing in support of the petition submits that apart from having erred in not dismissing respondent's appeal as time‑barred, the Service Tribunal has totally ignored the categorical position pointed out that according to the rules the post: is now to be filled‑in by direct recruitment, and not by promotion.
After having gone through the record of the case, we feel that the pleas raised in support of the petition deserve consideration. We, therefore, grant leave and allow the petition.
Learned Deputy Attorney‑General requests that the impugned direction of the Services Tribunal be held in abeyance till the appeal is decided. The request is legitimate, but at the same time it is only just and proper that the petitioner should also be simultaneously restrained from filling‑in the post of Chief, Industries and Commerce Section, Planning and Development Division, Government of Pakistan. We, therefore, while suspending the impugned order of the Services Tribunal direct that the aforesaid post shall not be filled‑in till the appeal is decided.
S.Q. Leave granted
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