Case Details

Citation(s)
2021 SLG 1073 2021 SLD 1073 2021 PLC 480
Supreme Court of Pakistan
Civil Appeal No. 485 of 2020, decided on 27th November, 2020, Date of hearing: 27th November, 2020. (Against the judgment Dated 08.10.2018, passed by the Federal Service Tribunal, Lahore Bench, Lahore in Appeal No. 464(L)/2017)
IJAZ UL AHSAN, JUSTICE, MUNIB AKHTAR, JUSTICE
Ayaz Shaukat, Deputy Attorney General for Pakistan and Sajid-ul-Hassan, Section Officer Establishment Division for Appellant. Muhammad Yasin Bhatti, Advocate Supreme Court and Mian Liaqat Ali, Advocate-on-Record (Absent) for
Respondents.

SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD

VS

IMTIAZ AHMAD MALIK, DIRECTOR ANTICORRUPTION ESTABLISHMENT, SAHIWAL AND OTHERS

Law: Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985

Section: 7,11(2)(c)

Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985--- ----Rr. 7 11(2)(c)---Encadred police officer from a Province, appointment of---Inter se seniority amongst encadred officers---Scope---Appointment of an encadred police officer from the Province was to be made with prospective effect---Only after encadrement as PSP Officer had been made of a police official from a Province, his inter se seniority among the encadred officers shall be determined under R. 11(2)(c) of the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985, but the very encadrement had to be from the date when the encadrement as PSP Officer had actually been effected and counted as such. Muhammad Zafar Ali and others v. Asim Gulzar and others 2015 SCMR 365 ref. ORDER GULZAR AHMED, C.J.--- Respondent No.1 (the respondent) was working as Deputy Central Intelligence Officer (BPS-17) in the Intelligence Bureau, Government of Pakistan and vide office order dated 28.11.1989 his service was placed at the disposal of the Punjab Police on deputation for a period of three years. He was absorbed in the Punjab Police as DSP (BPS-17) vide order dated 13.05.1992 and this date was treated as the date of his fresh appointment in the rank of DSP (BPS-17). A seniority list of DSP was issued on 25.09.1997, wherein the name of the respondent was shown at Serial No.245. The respondent filed representation seeking that his seniority in the rank of DSP be counted from the date of his absorption and his name in the seniority list be fixed below Mr. Iftikhar Hussan Pirzada, whose name appeared at Serial No.3. Another seniority list dated 13.11.2001 was issued in which the name of the respondent appeared at Serial No.314. The respondent again filed representation. Yet again seniority list dated 18.05.2005 was issued in which the name of the respondent was shown at Serial No. 426. The representation of the respondent was rejected vide order dated 04.11.2006. The respondent filed the service appeal in the Punjab Service Tribunal, Lahore, which came to be allowed vide judgment dated 30.06.2008, wherein the respondent was given seniority from the date of his induction in service as…
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