| Citation(s) |
|---|
| 2022 SLG 1215 2022 SLD 1215 2022 SCMR 1618 |
Supreme Court of Pakistan
Civil Petition No. 419 of 2019, decision dated: 6th June, 2022. (Against the judgment of Federal Service Tribunal, Karachi Bench dated 03.12.2018, in Appeal No.51 (K) CS of 2018)
SARDAR TARIQ MASOOD AND MUHAMMAD ALI MAZHAR, JUSTICE
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
Respondent.
Civil Petition No. 419 of 2019, decision dated: 6th June, 2022. (Against the judgment of Federal Service Tribunal, Karachi Bench dated 03.12.2018, in Appeal No.51 (K) CS of 2018)
SARDAR TARIQ MASOOD AND MUHAMMAD ALI MAZHAR, JUSTICE
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
Respondent.
KASHIF AFTAB AHMED ABBASI
VS
FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad
Law: Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985
Section: 11
Law: Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990
Section: 7
(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 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 was called upon to undertake 35th Common Training Program (CTP) but the Provincial Governor refused to relieve the petitioner and requested for his deferment 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 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 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 failed to join until 43rd CTP---Claim that though the…
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