1. ' The Chairman, P.O.F. Has called in question the validity of judgment dated 27-1-1996 as modified by order dated 21-7-1996, passed by the Service Tribunal, Islamabad in Appeal No, 168(R) of 1996, whereby move-over has been granted to respondent by treating the average report as good report. In terms of Notification dated 17-2-1991 a civil servant is eligible for move-over from B-16 to B-17 if he gets one good report within last five years inclusion of the year of move-over, Federal Service Tribunal has relied on the decision of this Court reported in PLD 1992 SC 144 wherein it was observed: "If there is no adverse report against him and he gets ' average report' would have to be treated as 'generally good' for purpose of move-over. Because a report 'average cannot be treated as adverse' unless specifically so treated and then conveyed to the civil servant as an adverse report."
2. ' Reliance was also placed on a decision of this Court reported in 1994 SCM R 544.
3. Leave to appeal is granted to consider the scope of the Notification No, F.7(1)Impt.1/90-Vol.II, dated 17-2-1991. We are not inclined to suspend the operation of the order of the Service Tribunal.
4. However, the appeal should be heard if an early date.