| Citation(s) |
|---|
| 1984 SLG 741 1984 SLD 741 1984 SCMR 1023 |
Supreme Court of Pakistan
Civil Petition No. 51-R of 1984, decision dated: 7-05-1984 (From the judgment, dated 27-11-1983 of the Federal Service Tribunal, passed in Appeal No. 135 (R) of 1982)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
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Civil Petition No. 51-R of 1984, decision dated: 7-05-1984 (From the judgment, dated 27-11-1983 of the Federal Service Tribunal, passed in Appeal No. 135 (R) of 1982)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
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IJAZ HUSSAIN SHAH--Appellant
VS
. SECRETARY, ESTABLISHMENT DIVISION AND 167 OTHERSÂ---Respondents
Law:
Section:
Constitution of Pakistan (1973)--- Art. 212 (3)-Central Superior Services (Class I) Rules, 1965, r. 13 read with O. M., dated 27-1-1975, r. 12 (b) (i).(ii)-Civil services Seniority--Tribunal coming to conclusion that petitioner's appointment as Section Officer was not on regular basis but on ad hoc basis and that he was not entitled to seniority, among officers appointed on regular basis, under r. 13 of C. S. S. Rules, 1965-Petition for leave to appeal found to be without merit and dismissed.-[Civil service]. C. P. S. L. A. No. 671-R of 1983 ref. Kh. Muhammad Yusuf Saraf, Advocate Supreme Court instructed by Ch. Ghulam Dastgir, Advocate-on-Record for Appellant. Nemo for Respondents. Date of hearing: 7th May, 1984. ORDER M. S. H. QURAISHI, J.-The petitioner, who had appeared at the 1967 Promotional Examination for appointment as Section Officer and had secured 92nd position, was appointed as a Section Officer in the Ministry of Education with effect from 27-1-1969. Feeling aggrieved by the seniority list of Section officers circulated on 16-11-1981 in which the petitioner was shown junior to the direct recruits of the year 1974, he represented to the departmental authorities and failing therein brought au appeal before the Federal Service Tribunal which was, however, dismissed by the impugned order, dated 27-I1-1983. Hence this petition for leave to appeal. 2. The main question for consideration before the Tribunal was whether the petitioner's appointment as a Section Officer on 27-1-1969 had been on a regular basis, entitling him to seniority under rule 13 of the C. S. S.…
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