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1991 SCMR 395

MUHAMMAD YOUSAF vs THE GOVERNMENT OF PAKISTAN, Through The

Citation1991 SCMR 395
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.588/R of 1989 Appeal No.275/R of 1988
Date1990-02-21
Judge(s)Shafi-ur-Rehman, Rustam S. Sidhwa
ResultLeave refused

ORDER

SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal dated 2-8-1989 whereby his service appeal was dismissed.

2. The petitioner was an officer of Grade-16 when he was called upon in July, 1988 to perform the functions of the post of Assistant Personnel Officer (APO) in Grade-17. While so posted, he made the following claims which were denied to him:-

(i) Full pay of the post in Grade-17.

(ii) Entitlement of the A.C.C. Class for travelling.

He moved the Service Tribunal where it was found that he was not in fact prompted but was holding the current charge of the post and was not entitled to what he was demanding.

3. The petitioner who appeared in person, has not been able to place before us any document showing that he was promoted in the manner prescribed by the rules. On the contrary the Order relied upon by him shows that his transfer has taken place on his own pay. He was according to the Tribunal's finding, holding current charge of the post. He was not regularly promoted as such.

The petitioner stated before us that he has another service appeal pending before the Tribunal which is Appeal No.217(R)/1988 and relates to the nature of promotion and the entitlement thereon.

According to him, the decision of that Appeal should have preceded the one against which the Petition is now being considered.

4. Be that as it may, for the present we do not consider it to be a case where any question of law of public importance arises. On the contrary, a question of fact was involved on which a positive finding has been recorded by the Tribunal after obtaining the comments of the respondents and hearing the parties. However, in order to protect the interest of the petitioner, while refusing leave to appeal, we allow the petitioner that he may seek revival of this Petition, if he considers necessary, within sixty days of the disposal of the Service Appeal No.217(R)/11)88 filed by him before the Tribunal, if he considers that as a consequence; of such a decision his entitlement is strengthened or improved.

Cited by 1 case

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