SIRAJ NIZAM vs FEDERATION OF PAKISTAN Scope — 2024 PLC(CS) 867 SUPREME-COURT

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SIRAJ NIZAM VS FEDERATION OF PAKISTAN Scope---appellate Court, jurisdiction of---appeal is a continuation of the original proceedings---Under appellate jurisdiction the court is always obligated to delve into not only the questions of law but also questions of facts---Whole case reopens in the appellate jurisdiction to explore and consider all questions of fact and law, whether the same were rightly adjudicated by the lower fora or not---Therefore, the verdict of the appellate court either allowing or dismissing the appeal or modifying the order of lower fora, ought to bring to light conscious and proper application of mind. Citation Name: 2024 PLC(CS) 867 SUPREME-COURTBookmark this Case SIRAJ NIZAM VS FEDERATION OF PAKISTAN R. 8-a---Promotion---Past service rendered in another government department, benefit of---appellant remained in the employment of National Highways and Motorways Police as a Senior Patrolling Officer (BS 16) with effect from 26.11.2001 to 01.03.2011---Subsequnetly he applied for the post of assistant Executive Engineer (BS-17) in Pakistan Public Works Department (PWD) through proper channel and pursuant to the recommendations of Federal Public Service Commission, the appellant was appointed in PWD on 02.03.2011---Bone of contention relates to the promotion from assistant Executive Engineer BS-17 to Executive Engineer BS-18 in terms of the criteria of promotion as set out in SRO No. 897(I)184 dated 11.10.1984, which was subsequently amended vide SRO No.855(I)/91 dated 25.07.1991 in which basic condition for promotion from assistant Executive Engineer BPS-17 to Executive Engineer (BPS-18) was requirement of 05 years' service experience in BPS-17 with the qualification of passing Departmental Examination as well as the application of Statutory Instruction (SI) No. 157 of Chapter 2 of ESTaCODE (Volume 1) [Edition 2013]---according to the appellant, having been appointed in BPS-17, the petitioner was entitled to the one half of his service in BPS-16 for consideration towards his promotion in BPS-18 in terms of Rule 8-a of the Civil Service (appointment, Promotion and Transfer) Rules, 1973 and Statutory Instruction No.157 issued thereunder---However, despite attaining the sufficient years for consideration for promotion to BPS-18, the petitioner was not considered---Therefore, he submitted a representation, which was not answered, which compelled him to approach the Federal Service Tribunal ("Tribunal")---Tribunal held, through the impugned judgment, that service in another department cannot be taken into consideration---Contentions of the appellant were that the stated observation of the Tribunal was not contained in Statutory Instruction No. 157 and as such the Tribunal had erred in law; that though the petitioner was subsequently promoted in Grade 18 (without being granted the benefit of Statutory Instruction No.157) but the issue remains alive because he would be denied the benefit of Statutory Instruction No. 157 when he is considered for promotion to Grade 19 in view of the said determination in the impugned decision---Validity---Present case related to the appellate jurisdiction of the Tribunal which being an ultimate fact-finding forum was constituted to redress the lawful grievances of civil servants and ventilate their sufferings---So for all intent and purposes, the Tribunal had exclusive jurisdiction in the matter relating to the terms and conditions of service of the Civil Servants and could go into all the facts of the case and the relevant law for just and proper decision---appeal was allowed, the impugned judgment was set aside and the matter was remanded to the Tribunal to decide the appeal afresh strictly in accordance with law preferably within a period of three months.

SIRAJ NIZAM vs FEDERATION OF PAKISTAN Scope — 2024 PLC(CS) 867 SUPREME-COURT

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