Legal Case Summary

Case Details
Case ID 389b2ea7-e4f9-45e8-9356-26042a90b0af
Body View case body.
Case Number Appeal No. 571(R) of 1996
Decision Date Jan 14, 1997
Hearing Date Jan 08, 1997
Decision The appeal was dismissed as the appellant was denied promotion due to an indifferent service record and adverse entries in his Annual Confidential Report (A.C.R). The tribunal found that the appellant's claim for ante-dated promotion was not maintainable as he had not challenged his supersession in a timely manner and failed to demonstrate adequate grounds for promotion. The delay in filing the appeal was also noted, making it time-barred. The tribunal ruled that the earlier decisions of the Establishment Division regarding the appellant's promotion were valid and should be upheld. Thus, the appeal lacked merit and was dismissed without costs.
Summary In this case, the Federal Service Tribunal addressed the appeal of a civil servant regarding the denial of ante-dated promotion. The appellant contended that he deserved promotion to the grade of Assistant Professor effective from a date earlier than granted due to the promotion of his juniors. The tribunal evaluated the appellant's service record, which included adverse entries in his A.C.R. and penalties imposed for prior misconduct. The court emphasized that the appellant did not challenge his promotion supersession in a timely manner, and the lack of timely action contributed to the dismissal of his appeal. The judgment referenced relevant laws, including the Civil Servants Act and the Service Tribunals Act, affirming that the promotion decisions were justified based on the appellant's service history. The case highlights the importance of maintaining a clean service record and adhering to procedural timelines in promotion appeals.
Court Federal Service Tribunal, Islamabad
Entities Involved Not available
Judges NOOR MUHAMMAD MAGSI, AFTAB AMAD, ROSHAN ALI MANGI
Lawyers Raja Muhammad Asghar Khan, S.M. Tasneem, Tanvir Javed, Ghayoor Abbas
Petitioners NASEERUDDIN HUMAYUN BUTT
Respondents others, SECRETARY, ESTABLISHMENT DIVISION ISLAMABAD
Citations 1997 SLD 895 = 1997 PLC 617
Other Citations PLD 1988 SC 131
Laws Involved Civil Servants Act (LXXI of 1973), Service Tribunals Act (LXX of 1973)
Sections 9, 22, 4, 4(b)