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K.L.R. 2005 S.C. 111

Saadat Pervez Saian, EAD, Shahpur, Sargodha vs Chief Secretary,

CitationK.L.R. 2005 S.C. 111
CourtSupreme Court of Pakistan
Case No.Civil Review Petition No. 13 of 2003
Date2004-12-07
Judge(s)Hamid Ali Mirza, Faqir Muhammad Khokhar, Muhammad Nawaz Abbasi
ResultOrder accordingly

ORDER This Civil Review Petition is directed against the judgment dated 11.11.2002 passed in Civil Appeal No. 588 of 2002 whereby the said appeal was partly allowed. The quantum of punishment of dismissal from service of the petitioner, in the given circumstances, was considered to be exorbitant, therefore, it was converted into reduction to lower rank of Tehsildar (B-16) from the rank of Extra Assistant Commissioner (B-17). The learned counsel for the petitioner submits that there is error apparent on the face of record as the period of reduction in the lower rank has not been specified with the result the petitioner would remain for ever in the lower rank i.e. B-16 and would have never be promoted, therefore, the same may be modified accordingly. He has relied upon Fundamental Rule, FR-29 which, according to our view, could not be attracted in the case of Provincial Government employees and would apply to Federal Government employees.

2. Learned counsel for the respondents submits , that the petitioner can be promoted on his turn in due course of time, in accordance with the rules and instructions on the subject and this reversion would not come in his way of all the times to come.

3. In view of the above statement made by the learned counsel for the respondents, the impugned order, under review, be read with the statement made by the learned counsel for the respondents, that the petitioner could be considered for promotion, on his turn in due course of time, in accordance with the rules and instructions on the subject.

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