| Citation(s) |
|---|
| 2022 SLG 2379 2022 SLD 2379 2022 PLC 1319 |
Supreme Court of Pakistan
Civil Petition No. 419 of 2019, decided on 6th June, 2022.
SARDAR TARIQ MASOOD AND MUHAMMAD ALI MAZHAR, JJ
----Antedated seniority---No antedated seniority can be claimed as a vested right. Abdur Rahim Bhatti, Advocate Supreme Court, Malik Naeem Iqbal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Ayaz Shaukat, D.A.G. for the R
Civil Petition No. 419 of 2019, decided on 6th June, 2022.
SARDAR TARIQ MASOOD AND MUHAMMAD ALI MAZHAR, JJ
----Antedated seniority---No antedated seniority can be claimed as a vested right. Abdur Rahim Bhatti, Advocate Supreme Court, Malik Naeem Iqbal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Ayaz Shaukat, D.A.G. for the R
KASHIF AFTAB AHMED ABBASI
VS
FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad
Law:
Section:
(a) Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985--- ----Rr. 5, 11---Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990, R. 7---Seniority, determination of---Civil servant inducted on reserved quota of Armed Forces joining Common Training Programme (CTP) after a delay of several years---In the present case while performing his duties as Lieutenant in the Navy, petitioner was appointed ADC to the Provincial Governor---During the posting, the petitioner was given an option to join Federal Civil Service---Petitioner joined the selection process and on the recommendations of the Federal Public Service Commission, he was inducted in the Police Service of Pakistan in BS-17---Petitioner was called upon to undertake 35th Common Training Program (CTP) but the Provincial Governor refused to relieve the petitioner and requested for his deferment---Petitioner was deferred every year on the requests of Governor Sindh till 2015---Eventually the petitioner joined 43rd CTP and his inter se seniority was fixed with 43rd CTP---Petitioner claimed antedated seniority from 2007 with 35th CTP members of service---Held, that record reflected that on recommendation of the Federal Public Service Commission, the competent authority issued an offer letter to the petitioner on 31-08-2007 for his induction in the Police Service of Pakistan in BS-17 on certain terms and conditions of service which, inter alia, provided that the petitioner was required to qualify every examination to the satisfaction of the head of training/ Educational Institution where he shall undergo training---So far as the seniority was concerned, it was clearly mentioned in the offer letter that the seniority of the petitioner in the group/service shall be determined by the appointing authority after the final passing out of examination in accordance with Rule 7 of the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990---Petitioner was being continuously called upon to join Common Training Programme (CTP) but on continuous requests of his deferment the matter lingered on---Completion of training was mandatory which the petitioner…
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