| Citation(s) |
|---|
| 2012 SLG 1541 2012 SLD 1541 2012 SCMR 1093 |
Supreme Court of Pakistan
Civil Appeals Nos. 773 to 781 of 2010, decision dated: 9-05-2012 (On appeal from the judgment dated 12-5-2010 passed by the Federal Service Tribunal in Appeals Nos. 761 to 771(R)CS of 2009)
TASSADUQ HUSSAIN, JILLANI AND MIAN SAQIB NISAR, JJ
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Civil Appeals Nos. 773 to 781 of 2010, decision dated: 9-05-2012 (On appeal from the judgment dated 12-5-2010 passed by the Federal Service Tribunal in Appeals Nos. 761 to 771(R)CS of 2009)
TASSADUQ HUSSAIN, JILLANI AND MIAN SAQIB NISAR, JJ
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GHULAM NABI and 8 others
VS
FEDERATION OF PAKISTAN through Secretary Defence Production Division, Government of Pakistan, Rawalpindi and others
Law:
Section:
Civil Service-------Grant of selection grade---Expression "joint seniority list"---Connotation---Appellants were working as machinists in various grades in Pakistan Aeronautical Complex and were ignored when their juniors were granted Selection Grade---Appellants filed appeals before the Federal Services Tribunal with the contention that as per two memos of the Government, inter se seniority of the employees of the Complex had to be determined on "joint seniority basis", i.e. seniority of the employees working in different trades within the Aeronautical Complex had to be considered jointly for the grant of Selection Grade whereas the Organization (respondent) had granted Selection Grade trade-wise---Validity---First memorandum issued by the Government stated that grant of Selection Grade was relatable to "posts" of various kinds in the department/organization, which was the reason why the number of Selection Grades granted in the Aeronautical Complex had been categorized as "post-wise" in the list prepared---Material available on record further indicated that the number of posts which were granted Selection Grades "post-wise" were duly revised periodically since the year 1997---Second memorandum issued by the Government had clarified that even a promotee was eligible for the grant of Selection Grade by stating that "once promotee has been appointed to a post requiring diploma for direct appointment, he is equally entitled to selection grade like diploma holders---Selection Grade was to be given on the basis of joint seniority in a post of and not on qualification---"Joint seniority list" had been issued in accordance with said clarification and machinists working in various units of the Complex had been granted Selection Grades subject to their meeting the threshold provided in the two memorandums---Appellants had confused the expression "joint seniority list" by construing the same to mean that seniority list of employees of a certain grade was to be prepared irrespective of the category of posts, and Selection Grades were to be granted accordingly---Such understanding of the expression was neither the intention of the rule making authority nor it was ever so…
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