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1999 SCMR 2268

GOVERNMENT OF PAKISTAN through Collectorate of Customs and another

Citation1999 SCMR 2268
CourtSupreme Court of Pakistan
Judge(s)Irshad Hasan Khan, Muhammad Arif
ResultPetition dismissed

' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the order, dated 27- 3-1997, passed by the Federal Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Appeal No,362 (L) of 1996.

2. Brief facts are that the petitioner joined the Customs Department as Upper Division Clerk on 24- 10-1984 in Grade-8. The relevant rule contained in SRO 57(1)/77, dated 5-1-1977 contemplates that for promotion to the post of Inspector the minimum pass marks are 50% in each paper. The respondent admittedly secured 50% marks in three papers but got 42 marks in the fourth paper.

The Tribunal took the view that the department allowed grace marks to two candidates in the examination held in 1990 and, therefore, following the principle of consistency the respondent was also entitled to the same treatment.

3. After hearing the learned counsel for the petitioners and the respondent/caveator we find that the impugned order of the Tribunal does not suffer from any legal infirmity to warrant interference.

Even otherwise, no question of law of public importance is involved herein for interference in terms of Article 212(3) of the Constitution.

4. Resultantly the petition is dismissed and leave refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 4 cases

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