| Citation(s) |
|---|
| 2018 SLG 281 2018 SLD 281 2018 SCMR 332 |
Supreme Court of Pakistan
Civil Petitions Nos. 3577 to 3583 and 3889 to 3895 of 2016, decision & hearing Date : 19-04-2017. (On appeal against the judgment Dated 20.10.2016 of the Federal Service Tribunal, Islamabad passed in Appeals Nos. 1778(R)CS/2015 to 1783(R)CS/2015 and 2095(
EJAZ AFZAL KHAN, JUSTICE, MAQBOOL BAQAR, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Hafiz S. A. Rehman, Senior Advocate Supreme Court and Mehmood A. Sh., Advocate-on-Record (Absent) for Petitioners (in C.Ps. 3577-3583 of 2016). Syed Nayyab Hassan Gardezi, Standing Council and Faiz-ur-Rehman, Advocate-on-Record (Absent) for Petitioners (
Civil Petitions Nos. 3577 to 3583 and 3889 to 3895 of 2016, decision & hearing Date : 19-04-2017. (On appeal against the judgment Dated 20.10.2016 of the Federal Service Tribunal, Islamabad passed in Appeals Nos. 1778(R)CS/2015 to 1783(R)CS/2015 and 2095(
EJAZ AFZAL KHAN, JUSTICE, MAQBOOL BAQAR, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Hafiz S. A. Rehman, Senior Advocate Supreme Court and Mehmood A. Sh., Advocate-on-Record (Absent) for Petitioners (in C.Ps. 3577-3583 of 2016). Syed Nayyab Hassan Gardezi, Standing Council and Faiz-ur-Rehman, Advocate-on-Record (Absent) for Petitioners (
TIKKA KHAN AND OTHERS
VS
SYED MUZAFFAR HUSSAIN SHAH AND OTHERS
Law: Civil Servants (Seniority) Rules, 1993
Section: 4,4-A
Civil Servants' (Seniority) Rules, 1993--- ----Rr. 4 & 4-A---Seniority on transfer from one office to another---Civil servants transferred from one Ministry to another after abolishment of the former---Numerous Ministries were abolished and reorganized in the wake of a Constitutional amendment and the respondents being the employees of an abolished Ministry were transferred to a re-organized Ministry---Case of the respondents was, thus, not one of appointment by transfer or absorption or appointment on deputation in the re-organized Ministry---Transfer of the respondents to the re-organized Ministry, therefore, could not be seen through the prism of R. 4 of the Civil Servants' (Seniority) Rules, 1993---Respondents' case was more akin to R. 4A of the Civil Servants' (Seniority) Rules, 1993 and was fully covered by Serial No.33(6) of Estacode, Vol-I, Edition 2007---No cannons of interpretation would scratch or strike off past service of the respondents when they on abolition of the Ministry, were compulsorily transferred to the re-organized Ministry---Past service of the respondents had to be respected and recognized for determining their seniority, and it would, thus, be unfair and unjust to treat the respondents junior to the junior most civil servants in the re-organized Ministry---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: EJAZ AFZAL KHAN, JUSTICE:---.---These petitions for leave to appeal have arisen out of the judgment dated 20.10.2016 of the Federal Service Tribunal, Islamabad whereby appeals filed by respondents Nos. 3 to 11 were allowed. 2. Learned Senior ASC appearing on behalf of the petitioners in C.Ps. Nos. 3577 to 3583 of 2016 contended that respondents Nos. 3 to 11 cannot rank senior to the petitioners whether they were appointed in the Ministry of Religious Affairs by transfer or on deputation and that their seniority would continue to be regulated by Rule 4 of the Civil Servants (Seniority) Rules, 1993. 3. Learned Standing Council appearing on behalf of Federation in C.Ps. Nos. 3889 to 3895 of 2016 also reiterated the arguments addressed by the learned Sr. ASC for the petitioners in Civil Petitions Nos. 3577…
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