Case Details

Citation(s)
1986 SLG 656 1986 SLD 656 1986 SCMR 898
Supreme Court of Pakistan
Civil Appeals Nos. 57 to 61 of 1981, decision dated: 17-03-1986. (Against the Judgment and Order of the Service Tribunal, Islamabad dated 24-08-1980).
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ

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ISLAMIC REPUBLIC OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE

VS

MUHAMMAD ZAFAR AND 4 others

Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 212 (3)-Civil service-Seniority-Leave to appeal granted to examine whether Service Tribunal had correctly exercised its juris­diction in so far as it ante-dated appointments of direct recruits to tithe when vacancies occurred or their selection was made, ignoring altogether date in which such recruits took over their appointment, and in assigning seniority, pay allowances according to such ante­dated appointments.-[Civil services]. (b) Constitution of Pakistan (1973)--- Art. 212 (3)-Civil service-Appointment-Direct recruits and promotees - Delay in issuing letter of appointment to direct recruits-Delay explained by Authority-Law governing delay remain­ed unnoticed by Service Tribunal-Offer of appointment issued to direct recruits contained condition that effective date would be the date of assumption of charge-Service Tribunal, held, was not right in considering delay per se as infringement of aright of person appointed and proceeding to ante-date appointment to a date when even posts were not advertised.-[Civil services]. Estacode (1979) pp. 128-130 ref. (c) Constitution of Pakistan (1973)----- Art. 212 (3)-Civil service-Seniority-Direct recruits and pro­motees-Appointment of direct recruits, held, was to follow and not to precede promotion-Service Tribunal by ignoring such rule and by reversing sequence of recruitment violated law governing the situation.--[Civil services]. Estocode 1979 p. 128-130 ref. (d) Constitution of Pakistan (1973)----Art. 212 (3)-Civil service-Appointment-Roster of vacancies­ Operation-Service Tribunals forming its own view, ignoring what was already specifically prescribed in that behalf, such course, held, was not commendable-Only where no rule existed and no principle was discoverable, system adopted by Service Tribunal could be appreciated.-[Civil services] Estacode (1979), p. 131 ref. (e) Constitution of Pakistan (1973)---Art. 212 (3)-Civil service-Promotees and direct recruits-Pro­motion quota-Department not demonstrating to have exceeded the worked out quota--Sequence in which vacancies were filled, held, became irrelevant.-[Civil services]. Estacode (1979), p. 131 ref. (f) Constitution…
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