Law: Service Tribunals Act, 1973

Section: 4, 5(3)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Service Tribunals Act, 1973 (LXX of 1973)-- ----Ss. 4 & 5(3)--Constitution of Pakistan, 1973, Art. 212(3)--Civil Servant (Seniority) Rules, 1993, Rr. 6, 7 & 8--Appointed as Assistant Collector (25th CTP)--Issuance Final Seniority List of 25th CTP Seniority List--Respondent relegated to lower position--Challenge to--Appeal--Accepted--Restoration of seniority--Petition by FBR--Dismissed--Retrospective application of amended rules--CCS merit list--Probation and promotion--Discrimination--It appeared that all factual and legal points raised before Federal Service Tribunal and before this Court for determining issue of seniority should be determined at time of induction in service and could not be changed subsequently, especially when officers had been promoted to next higher grade--We were of considered opinion that petitioner was not justified to cause any delay in implementation of judgment of FST in case of respondents, particularly when legal issue involved in instant case had already been affirmed by this Court in civil appeal--In view of large number of judgments of this Court, benefit of judgment in rem could be extended to similarly placed parties--Petition dismissed.        [Pp. 706 & 707] A, B & C Mr. Afnan Karim Kundi, ASC and Syed Rafaqat Hussain Shah, AOR for Petitioner. Mr. Taimoor Aslam Khan, ASC a/w Mr. Sajid-ul-Hassan SO, Estb. a/w Mr. Munawwar Iqbal Daggal AAG. Pak a/w Dr. Nazakat Ali Bhand for Respondents. Ms. Zainab Bashir, Judicial Law Clerk, Supreme Court of Pakistan. Date of hearing: 19.06.2025. Judgment Aqeel Ahmed Abbasi, J.--Through instant petition for leave to appeal the petitioner department has assailed the order dated 06.03.2025 passed by Federal Service Tribunal, Islamabad in Misc. Petition No. 258/2025 in Appeal No. 460(R)/2013. 2.       Brief facts of the case are that the Respondent No. 1 is an officer of Pakistan Customs Services (hereinafter referred to as “PCS”) who appeared for the CSS exam held in 1996 and was appointed in July 1998 as Assistant Collector (BS-17). The Respondent No. 1 belongs to the 25th Common Training Program…