| Citation(s) |
|---|
| 1981 SLG 3033 = 1981 SLD 3033 = 1981 PLC 391 |
Federal Service Tribunal, Islamabad
Appeals No. 50 (L) of 1976, 101 (L) of 1977, 1815 (L), 1817 (L) and 1818 (L) of 1978, decided on 24th August, 1980.
Presented By: A. Choudhury and Jamaluddin Abro. Members
Sajjad Hussain Masud Ahmad Riaz and D. M. Awan for Appellant (in Appeal No 50 (L) of 1976 and 1818 (L) of 1978). Masud Ahmad Riaz for Appellant (in Appeal No. 1815 (L) of 1978). Hafiz Tariq Naseem alongwith Departmental Representative for the State.
Appeals No. 50 (L) of 1976, 101 (L) of 1977, 1815 (L), 1817 (L) and 1818 (L) of 1978, decided on 24th August, 1980.
Presented By: A. Choudhury and Jamaluddin Abro. Members
Sajjad Hussain Masud Ahmad Riaz and D. M. Awan for Appellant (in Appeal No 50 (L) of 1976 and 1818 (L) of 1978). Masud Ahmad Riaz for Appellant (in Appeal No. 1815 (L) of 1978). Hafiz Tariq Naseem alongwith Departmental Representative for the State.
Malik MUHAMMAD AMIN AND OTHERS
VERSUS
SECRETARY TO GOVERNMENT OF PAKISTAN MINISTRY OF DEFENCE AND OTHERS
Law:
Section:
Civil service Seniority-Recruitment rules containing provisions of ratio for appointment by direct recruitment and by promotion-Plea that post vacated by person of particular category should necessarily be filled by person of that category - Not accepted - Every vacancy should be filled according to prescribed proportion --Persons appointed beyond prescribed quota-To be treated as ad hoc till vacancies available according to prescribed quota --Not entitled to seniority till such time-Person denied promotion through no fault on his part-Entitled to benefits of pay and seniority of higher post according to entitlement. Date of hearing : 18th August, 1980. ORDER N. A. CHOUDHURY (MEMBER).-This order will dispose of the appeals of the above named appellants as the identical question of law and facts is involved in the appeal under disposal. First of all, we take up the appeal filed by Mr. Mohammad War, Aerodrome Officer. His grievance is against the departmental order dated 4th May, 1978 regarding the seniority of Aerodrome Officers. An appeal was made to the Secretary, Ministry of Defence on 3rd May, 1978 against the emplacement of seniority contained in the above letter. No reply has been given to the appellant, who has been waiting for ninety days and then within one month has (fled the said appeal before us on 30th September, 1978. The appellant was appointed as Assistant Aerodrome Officer through Federal Public Service Commission on 1st August, 1963 and was confirmed against that post on 15th October, 1968. He was appointed as Aerodrome Officer again through the Public Service Commission on 29th March, 1974. The respondents shown in the list numbering 22 were also holding the posts of Assistant Aerodrome. Officers before their appointment to the posts of Aerodrome…