| Citation(s) |
|---|
| 2017 SLG 1464 2017 SLD 1464 2017 PLC 679 |
Supreme Court of Pakistan
Civil Appeals Nos. 825, 826, 1020 and 1021 of 2015, decision Dated: 30-11-2016. Hearing Dated: 03-11-2016. (Against judgment Dated 12.5.2015 of the Federal Service Tribunal, Islamabad passed in Service Appeals Nos. 983(R)CS/15, 984(R)CS/15, 442(P)CS/15)
MIAN SAQIB NISAR, JUSTICE, MAQBOOL BAQAR, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Petitioner(s) by: Tariq Mehmood, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.As. 825 and 826 of 2015). Shoaib Shaheen, Advocate Supreme Court (in C.A. 1020 of 2015). Ishtiaq Ahmed Raja, Advocate Supreme Court (i
Civil Appeals Nos. 825, 826, 1020 and 1021 of 2015, decision Dated: 30-11-2016. Hearing Dated: 03-11-2016. (Against judgment Dated 12.5.2015 of the Federal Service Tribunal, Islamabad passed in Service Appeals Nos. 983(R)CS/15, 984(R)CS/15, 442(P)CS/15)
MIAN SAQIB NISAR, JUSTICE, MAQBOOL BAQAR, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Petitioner(s) by: Tariq Mehmood, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.As. 825 and 826 of 2015). Shoaib Shaheen, Advocate Supreme Court (in C.A. 1020 of 2015). Ishtiaq Ahmed Raja, Advocate Supreme Court (i
DR. EHSANULHAQ KHAN AND OTHERS
VS
FEDERATION OF PAKISTAN AND OTHERS
Law: Civil Servants Act, 1973
Section: 8(3)(4)
Law: Civil Servants (Seniority) Rules, 1993
Section: R.3,3(3)
Civil Servants Act (LXXI of 1973)--- ----S. 8(4)---Civil Servants (Seniority) Rules, 1993, R. 3, Proviso (3)---Seniority---Scope---Indolence and delay in challenging seniority list---Respondents and appellant, were selected by Federal Public Service Commission as Veterinary Officers (BS-17) in the year 1990, and were so appointed the same year---Federal Public Service Commission as per merit placed respondents senior to appellant, however, in the seniority list, issued by the department subsequently, the order of seniority was altered and respondents were placed junior to appellant---On the basis of the said seniority list, appellant was promoted to BS-18 in the year 1996---Admittedly, the seniority list, whereby the seniority assigned by Federal Public Service Commission to respondents was altered by ranking appellant senior to respondents, was upon circulation, duly signed by respondents without any protest---Respondents challenged seniority list and promotion of appellant to BS-18 before the Service Tribunal, three years after the appellant had been promoted---Tribunal through its though gave directions to rectify the seniority list but declined to pass any order regarding the promotion of appellant to BS-18---Respondents felt content with the said order and did not pursue their further relief regarding the promotion of appellant to BS-18---During the pendency of respondents' appeal before the Tribunal, two direct inductees were appointed in BS-18, however, neither were they impleaded in the appeal nor was any relief sought against them by respondents---In the examination held for the post to which direct inductees had been appointed, the respondents also participated but failed---Respondents never challenged the appointment of the direct inductees and it was at least about seven years after the said appointment, that respondents sought seniority over direct inductees, also, which in the facts and circumstances of the case, they were not entitled to as direct inductees were appointed in BS-18 about seven years prior to the promotion of respondents in the said cadre, and had in fact failed in their attempt for their appointment along with the direct…
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