| Citation(s) |
|---|
| 1984 SLG 1237 1984 SLD 1237 1984 PLC 585 |
Federal Service Tribunal, Islamabad
Appeal No. 70 (R) of 1983, decided on 8th March, 1984.
A. O. RAZIUR RAHMAN AND MUHAMMAD IRSHAD KHAN, MEMBERS
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Appeal No. 70 (R) of 1983, decided on 8th March, 1984.
A. O. RAZIUR RAHMAN AND MUHAMMAD IRSHAD KHAN, MEMBERS
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MUHAMMAD SADIQ AND 16 OTHERS
VS
CHAIRMAN, PAKISTAN ORDNANCE FACTORIES, WAH CANTT. AND 15 OTHERS
Law:
Section:
Civil service---- --Seniority-Direct recruits vis-a-viz prom otees-Chargemen of Wah Ordnance Factories-Rules providing seniority of direct recruits to be maintained batch-wise-Contention that seniority was countable from date of completion of probation period and not from date of initial appointment on probation -Rejected-Promotee of 1980, held, could not be placed above direct recruit of 1979 for reason that such direct recruit completed probation period in 1981. M. S. Siddiqi for Appellants. Syed M. Shahudul Haque for Respondent. Date of hearing: 25th January, 1984. JUDGMENT A. O. RAZIUR REHMAN (MEMBER).----This appeal has arisen out of a decision of the relevant authorities pertaining to the seniority of direct recruits vis-a-vis promotees to the posts of Chargemen in the Pakistan Ordnance Factories, Wah Cantt. 2. The Appellants who are promotees from the posts of Supervisor claim that they were promoted as Chargemen with effect from 16thJanuary, 1980 and are, therefore, entitled to count seniority from that date, whereas, the respondents, who were appointed as Chargemen/ Probationers with effect from 4th August, 1979, but completed their -respective periods of probation on different dates between 30th May, 1980 and 20th June, 1980, could count seniority only with effect from the dates on which they, respectively, completed their periods of probation. According to them it was not the basis of this principle that the appellants were placed senior to the respondents in a seniority list prepared immediately after the completion of the probation by the respondents, but were wrongly and unjustly relegated to lower positions later, after the respondents had agitated the matter and made representations to the P. O. F. Board, who yielded to their demand and placed them senior to the appellants, on the basis of the principle that seniority would count from the date of initial appointment to the cadre in question. 3. After hearing the parties and perusing the relevant documents, we have come to the conclusion that a very simple case has been unnecessarily complicated through confused thinking and lack of understanding of the rules on the part of the Chairman and…
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