| Citation(s) |
|---|
| 2015 SLG 201 2015 SLD 201 2015 SCMR 847 |
Supreme Court of Pakistan
Civil Appeals Nos. 981 to 984 of 2013, decision dated: 24-02-2015. (On appeal against the judgment dated 10-4-2013 passed by the Federal Service Tribunal, Islamabad in Appeal No.1518(R)CS/2011)
IJAZ AHMED CHAUDHRY AND DOST MUHAMMAD KHAN, JJ
Muhammad Aftab Alam Rana, Advocate Supreme Court for Appellants. Dr. Muhammad Fayyaz,
Respondent No. 3 in person.
Civil Appeals Nos. 981 to 984 of 2013, decision dated: 24-02-2015. (On appeal against the judgment dated 10-4-2013 passed by the Federal Service Tribunal, Islamabad in Appeal No.1518(R)CS/2011)
IJAZ AHMED CHAUDHRY AND DOST MUHAMMAD KHAN, JJ
Muhammad Aftab Alam Rana, Advocate Supreme Court for Appellants. Dr. Muhammad Fayyaz,
Respondent No. 3 in person.
Dr. RIFFAT KAMAL and others
VS
FEDERATION OF PAKISTAN and others
Law: Civil Servants (Seniority) Rules, 1993
Section: 4
Law: Pakistan Institute of Medical Sciences Ordinance (XI of 1995)
Section: 20(b)
Civil Servants (Seniority) Rules, 1993--- ----R. 4---Pakistan Institute of Medical Sciences Ordinance (XI of 1995), S. 20(b)---Seniority in service---Scope---Seniority reckoned from date of regular appointment--- Medical Officers appointed in Pakistan Institute of Medical Sciences (PIMS) prior to promulgation of the Pakistan Institute of Medical Sciences Ordinance, 1995---Appellant-medical officers were appointed in PIMS on contract basis, and subsequently their services were regularized prior to the year 1992---Respondent-medical officer was appointed as a medical officer in the year 1993, and upon his own request, he was transferred and posted in PIMS in the year 2003---Federal Service Tribunal held that seniority of medical officers at PIMS was required to be determined on the basis of dates of their regular appointments to said post and the appellant-medical officers having not been appointed in the prescribed manner could not claim their seniority against the respondent-medical officer who from the first day was appointed by the competent authority on the recommendation of the Federal Public Service Commission---Validity---Pakistan Institute of Medical Sciences (PIMS) was an autonomous body managed by Board of Governors and later in the year 1995 vide Pakistan Institute of Medical Sciences Ordinance, 1995, it was declared as an attached Department of the Ministry of Health---Appellant-medical officers were duly appointed by the Board of Governors of the PIMS before promulgation of the Pakistan Institute of Medical Sciences Ordinance, 1995--- Service Tribunal failed to understand that at the time of appointment of appellant-medial officers it was the Board of Governors which was competent to appoint the appellants---Section 20(b) of the Pakistan Institute of Medical Sciences Ordinance, 1995, also clearly stipulated that all actions taken before promulgation of said Ordinance shall be deemed to have been respectively done---Appellants were regularized in service before the year 1992, whereas the respondent who was appointed as medical officer in the year 1993, himself requested for transfer to PIMS and vide order dated 9-4-2003 was posted in…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492