| Citation(s) |
|---|
| 2021 SLG 90 2021 SLD 90 2021 SCMR 194 |
Supreme Court of Pakistan
C.As. 762-L to 766-L of 2012, decision Dated: 2nd December, 2020, hearing Date : 10-11-2020. (On appeals from the judgments of Punjab Service Tribunal, Lahore Dated 26.03.2012, passed in Appeals Nos. 3776 to 3780/2010)
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Malik Muhammad Awais Khalid, Advocate Supreme Court for Appellants (in all cases). Amir Sana Ullah, Advocate Supreme Court for
Respondent No. 1. Ch. Zafar Hussain Ahmed, Additional A.G., Ali Bahadur, Secretary, Population Welfare Department, Khalid Perv
C.As. 762-L to 766-L of 2012, decision Dated: 2nd December, 2020, hearing Date : 10-11-2020. (On appeals from the judgments of Punjab Service Tribunal, Lahore Dated 26.03.2012, passed in Appeals Nos. 3776 to 3780/2010)
MANZOOR AHMAD MALIK, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Malik Muhammad Awais Khalid, Advocate Supreme Court for Appellants (in all cases). Amir Sana Ullah, Advocate Supreme Court for
Respondent No. 1. Ch. Zafar Hussain Ahmed, Additional A.G., Ali Bahadur, Secretary, Population Welfare Department, Khalid Perv
DR. ZOHARA JABEEN AND OTHERS
VS
MUHAMMAD ASLAM PERVAIZ AND OTHERS
Law: Punjab Civil Servants Act, 1974
Section: 7(2),7
(a) Punjab Civil Servants Act (VIII of 1974)--- ----S. 7(2), proviso---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R. 8(2), Explanation---Batch of promotees---Seniority---Scope---Where civil servants were selected for promotion in a batch or as a group of persons then the date of promotion of all the persons in the batch or the group shall be the date when anyone of them was first promoted to the post and they shall retain their inter se seniority---Word batch used in S. 7 of Punjab Civil Servants Act, 1974 (the Act) had been interchangeably used as group of persons in R. 8 of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Promotees in the same grade, when considered and recommended for promotion for the next grade in the same Departmental Promotion Committee (DPC) passed for a batch or group of persons and therefore as would be considered to have been promoted from the date when the first amongst the batch was promoted and would also retain their inter se seniority of the lower post. (b) Punjab Civil Servants Act (VIII of 1974)--- ----S. 7---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R. 8---District Population Welfare Officers---Promotees and direct appointees---Seniority---Scope---Direct appointees/respondents were appointed through initial appointment on 3-12-2003, a day after the promotion of the first promotees out of the batch of promotees; hence the direct appointees would fall under the promotees in the seniority list---Appeals were allowed. ORDER SYED MANSOOR ALI SHAH, JUSTICE:----- The question that arises in this case is regarding the seniority between the appellants (promotees) vis- -vis the respondents (direct appointees), both appointed to the post of District Population Welfare Officer/Deputy Director (Non-Technical) (BS-18) close in time to each other in the manner described hereunder. 2. Briefly the facts are that the direct appointees (respondents) were recommended by the Punjab Public Service Commission (PPSC) and appointed vide order dated 03.12.2003 as Deputy Director/District Population Welfare Officer (Non-Technical) in BS-18. On the other hand the…
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