1. ' NASIM HASAN SHAH, J.---The question involved in this case is whether a civil servant with average reports can be declared fit for promotion merely because the Reporting/Countersigning Officer has remarked that he is fit for promotion on his turn? The Service Tribunal has held that such a person, can be so declared and is accordingly entitled to "move-over". However, this view is contested by the Federation of Pakistan through this petition for leave to appeal.
2. ' In support of this petition it is submitted that the reports of the Reporting Officer about a civil servant being fit for promotion on his turn do not imply that he will necessarily be promoted. Actual promotion is ordered only after the Departmental Promotion Committee/Selection Board has determined the fitness of a civil servant for promotion on the basis of his overall reports and in accordance with the Promotion Policy of the Government. On the other hand, the Policy with regard to "Move-over" is contained in the Government of Pakistan, Finance Division (Regulation Wing)'s "Guidelines for submitting move-over cases of professional/technical categories". Herein, in Item 4(b) it is laid down that the employee will be allowed move-over to scales 19 & 20 if his confidential reports are generally good. As the respondent desired "move-over" to Scale 19, therefore, unless his confidential reports were generally good he was not entitled to the move-over.
3. The question raised requires consideration. .
4. ' Notice to the respondent in the stay application. Meanwhile, the operation of the impugned order of the Service Tribunal shall remain suspended.