| Citation(s) |
|---|
| 2022 SLG 786 2022 SLD 786 2022 SCMR 729 |
Supreme Court of Pakistan
Civil Appeal No. 799 of 2021, decision dated: 22-12-2021, hearing date: 22-12-2021. (Against judgment dated 12.11.2018 passed by the Federal Service Tribunal, Islamabad in Appeal. No.1208(R)(CS)/2016.)
IJAZ UL AHSAN, JUSTICE , MUNIB AKHTAR, JUSTICE
Muhammad Ramzan Khan, Advocate Supreme Court for Appellant. Sohail Mehmood, Additional A.G.P. and Abdul Razzaq, S.O. Ministry of H&W for
Respondents Nos. 1 - 4. Rashid Hafeez, Advocate Supreme Court for
Respondents Nos.5 - 6
Civil Appeal No. 799 of 2021, decision dated: 22-12-2021, hearing date: 22-12-2021. (Against judgment dated 12.11.2018 passed by the Federal Service Tribunal, Islamabad in Appeal. No.1208(R)(CS)/2016.)
IJAZ UL AHSAN, JUSTICE , MUNIB AKHTAR, JUSTICE
Muhammad Ramzan Khan, Advocate Supreme Court for Appellant. Sohail Mehmood, Additional A.G.P. and Abdul Razzaq, S.O. Ministry of H&W for
Respondents Nos. 1 - 4. Rashid Hafeez, Advocate Supreme Court for
Respondents Nos.5 - 6
SYED ARSHAD ALI
VS
SECRETARY MINISTRY OF HOUSING AND WORKS, ISLAMABAD AND OTHErs
Law:
Section:
Civil Servants (Seniority) Rules, 1993---R. 6 (as it existed before being amended by SRO No. 572(I)2009, dated 16-06-2009)---Inter-se seniority---’Person appointed by transfer’ and ‘person appointed by promotion’ in the same calendar year---According to R. 6 of the Civil Servants (Seniority) Rules, 1993 (as it existed before being amended by SRO No. 572(I)2009, dated 16.6.2009) persons appointed by transfer in a particular calendar year shall as class be senior to those appointed by promotion or by initial appointment to such post in that year---In the present case, the appellant was promoted on 6.8.2003 with effect from 04.08.2003 to the post of an Assistant while the respondents were appointed as Assistants by transfer on 6.8.2003---Since such transfer and promotion took place in the same Calendar Year 2003, the respondents appointed by transfer would be senior to the appellant who was appointed by promotion---Appeal was dismissed. Abdul Qadeer v. Government of Pakistan and another 2005 SCMR 1560 and Director General Intelligence Bureau v. Amir Mujahid Khan 2011 SCMR 389 distinguished. Tikka Khan and others v. Muzaffar Hussain Shah and others 2018 SCMR 332 and Secretary Revenue Division/Chairman, FBR and another v. Muhammad Arshad Hilali 2019 SCMR 980 ref. ORDER: GULZAR AHMED, CHIEF JUSTICE:---.--- The appellant was employed with the Ministry of Housing and Works (the Ministry). He was promoted as an Assistant on 06.08.2003 w.e.f. 04.08.2003. The private respondents were appointed as Assistant respectively on 19.03.1990 and 02.09.1991 in the Statistics Department, where the services were declared to be surplus. They were transferred and absorbed in the Ministry on 06.08.2003 as Assistants. Final Seniority List of Assistants (BS-14) in the Ministry was circulated vide Circular dated 31.12.2015. The name of the appellant appeared at Serial No.4 whereas the names of the private respondents were shown at Serial Nos.2 and 3. The appellant submitted representation against the Final Seniority List which was not responded to and thereafter, he filed a service appeal before the Federal Service Tribunal. By the impugned judgment dated 12.11.2018, the service appeal…
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