| Case ID |
2b9dd140-0d71-41ff-a529-07b18ae45fa5 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 396-R of 1986 |
| Decision Date |
Jan 16, 1989 |
| Hearing Date |
Dec 22, 1988 |
| Decision |
The appeal filed by Mir Ghulam Sarwar was dismissed as both time-barred and lacking merit. The appellant, a Draftsman, claimed entitlement to be placed in NPS-11 based on past orders from the Ministry of Finance, which were found inapplicable to his case. The tribunal determined that the educational qualifications specified in the relevant Office Memoranda only applied to Draftsmen of Class A, whereas the appellant, classified as Class B, did not meet the necessary criteria for the higher pay scale. Additionally, the appeal was deemed time-barred since the initial representation was made years after the rejection of his claim, failing to adhere to procedural requirements outlined in the Service Tribunals Act. Consequently, the tribunal upheld the lower authority's decision, emphasizing the need for adherence to established qualifications and procedural guidelines. |
| Summary |
In the case of Mir Ghulam Sarwar vs. Engineer-in-Chief GHQ, Rawalpindi, the Federal Service Tribunal addressed the appeal concerning the placement of a civil servant within the National Pay Scales. The appellant, a Draftsman of Class B, sought elevation to NPS-11 based on claims that previous directives from the Ministry of Finance supported his eligibility. However, the tribunal found that the cited orders specifically applied to Class A Draftsmen and not to those in Class B, thus disqualifying his appeal. The tribunal also highlighted the procedural shortcomings in the timing of his appeal, which violated the stipulations of the Service Tribunals Act. As a result, the appeal was dismissed, underscoring the importance of compliance with established qualifications and the procedural integrity of civil service appeals. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Ministry of Finance,
National Pay Scales
|
| Judges |
SYED ALLY MADAD SHAH,
RASHEED-UD-DIN ARSHAD
|
| Lawyers |
Raja Muhammad Asghar Khan,
Hafiz S.A. Rahman
|
| Petitioners |
Mir GHULAM SARWAR
|
| Respondents |
ENGINEER-IN-CHIEF GHQ, RAWALPINDI
|
| Citations |
1989 SLD 1866,
1989 PLC 704
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act
|
| Sections |
4
|