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2010 PLC (C.S.) 909

RIZWANULLAH KHAN, ASSISTANT COMMISSIONER OF INCOME TAX and another

Citation2010 PLC (C.S.) 909
CourtSupreme Court of Pakistan
Case No.Civil Appeals Nos.2220 and 2221 of 2001
Date2007-04-17
Judge(s)Ghulam Rabbani, Muhammad Nawaz Abbasi
ResultCase remanded

ORDER

' MUHAMMAD NAWAZ ABBASI, J.---These connected appeals involving common question of law and facts, have been directed against the judgment dated 20-1-2001 passed by the Federal Service Tribunal whereby the Appeals bearing Nos. 1243 to 1246(K)/99 and 1274 to 1277(K)/99 on the subject of departmental promotion, have been dismissed.

2. We having heard the learned counsel for the parties and perused the record with their assistance, when pointed out to them that the Tribunal in para 7 of the judgment, has observed that Establishment Division had conveyed the approval for promotion of 52 I.T.Os. But the actual position regarding, the existence of the vacancies of promotion quota, was not ascertained to resolve the controversy, they having realized the defect in the judgment jointly submitted that the case may be sent back to the Tribunal for decision of the appeals afresh in the light of the correct factual position of the vacancies at the relevant time. In view thereof, we without commenting upon the matter in either way, set aside the impugned judgment and remand the case to the Tribunal for decision of the appeals afresh after determination of the question relating to the existence of the vacancies of promotion quota on the target dates. These A appeals are allowed in the above terms, with no order as to costs.

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