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SECRETARY FINANCE, FINANCE DIVISION PAK. SECRETARIAT, ISLAMABAD vs MUHAMMAD FAROOQ KHAN Rr — 2022 SCMR 381 SUPREME-COURT

Case information

Citation
2022 SCMR 381 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
SECRETARY FINANCE, FINANCE DIVISION PAK. SECRETARIAT, ISLAMABAD vs MUHAMMAD FAROOQ KHAN Rr
Subject matter
Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SECRETARY FINANCE, FINANCE DIVISION PAK. SECRETARIAT, ISLAMABAD VS MUHAMMAD FAROOQ KHAN Rr. 7 & 8---Time scale promotion from BPS-17 to BPS-18 without change in designation of post---Premature increment, eligibility for---Employee granted time-scale promotion was also granted premature increment on order of the Service Tribunal---Legality---Grant of time scale promotion was not a promotion in terms of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---In the present case, the notification through which the respondent was given time scale promotion was issued in pursuance of a Finance Division's Office Memorandum and Establishment Division's Office Memorandum---Establishment Division specifically noted in its Office Memorandum that time scale formula was simply grant of higher grade without any change in designation of posts and did not involve upgradation of posts and amendment in recruitment rules---Said wording of the Office Memorandum was also incorporated in the notification through which the respondent was given time scale promotion---Importantly when the respondent had not challenged the said notification to the extent that grant of time scale promotion did not allow him promotion, and had not made such prayer in his memo of appeal before the Tribunal, the Tribunal could not in the presence of the notification allow the claim of the respondent for grant of premature increment---Impugned judgment of Service Tribunal whereby it termed the grant of time scale promotion as a promotion in service and granted premature increment to the respondent was not sustainable---Appeal was allowed and impugned judgment of Service Tribunal was set aside.

Other judgments reported in 2022 SCMR

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