Case Details

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

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…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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