| Citation(s) |
|---|
| 1987 SLG 1685 1987 SLD 1685 1987 SCMR 957 |
Supreme Court of Pakistan
Civil Petitions Nos. 139-8 and 140-8 of 1986, decided on 25th February, 1987. (On appeal from the s, dated 14-10-1985 and 10--11--1985 of the Federal Service Tribunal, Islamabad in Appeals Nos. 90/R/82 and 110/R/84).Date of hearing: 21st February, 1987.
NASIM HASSAN SHAH, J.--THIS ORDER WILL DISPOSE OF CIVIL PETITION NO. 139-8 OF 1986 AND CIVIL PETITION NO.140-R OF 1986, AS THE POINT OF LAW ARISING IN BOTH THE PETITIONS IS THE SAME.
M.S. Siddiqi, Advocate Supreme Court with Manzoor Ilahi, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petitions Nos. 139-8 and 140-8 of 1986, decided on 25th February, 1987. (On appeal from the s, dated 14-10-1985 and 10--11--1985 of the Federal Service Tribunal, Islamabad in Appeals Nos. 90/R/82 and 110/R/84).Date of hearing: 21st February, 1987.
NASIM HASSAN SHAH, J.--THIS ORDER WILL DISPOSE OF CIVIL PETITION NO. 139-8 OF 1986 AND CIVIL PETITION NO.140-R OF 1986, AS THE POINT OF LAW ARISING IN BOTH THE PETITIONS IS THE SAME.
M.S. Siddiqi, Advocate Supreme Court with Manzoor Ilahi, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Brig. SHER ALI BAZ--Petitioner
VS
THE SECRETARY, ESTABLISHMENT DIVISION, RAWALPINDI and others--Respondents
Law:
Section:
Constitution of Pakistan (1973)- ---Art. 212(3)--Service Tribunals Act (LXX of 1973), S.4--Civil Servants Act (LXXI of 1973), S. 8(3)--Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R. 2(f)--Secretariat Group Rules, para. 9--Seniority--Determination of seniority of Army Officers, appointed as Joint Secretaries in Grade 20 (through lateral. entry) via-a-viz other officers appointed to such posts--Contention that para. 9 of Secretariat Group Rules was a provision which governed the question of seniority and was the relevant rule under which seniority of the parties was to be determined as provided in subsection (3) of S.8, Civil Servants Act, 1973 being one of law and of considerable public importance--Leave to appeal granted. ORDER NASIM HASSAN SHAH, J.--This order will dispose of Civil Petition No. 139-8 of 1986 and Civil Petition No.140-R of 1986, as the point of law arising in both the petitions is the same. The relevant facts in Brig. Sher Ali Baz's case (C.P. No.139-R of 1985) are that he was promoted as Brigadier on 7-8-1970 and after qualifying in the lateral entry examination joined the Federal Secretariat of the Government of Pakistan as Joint Secretary on 1st September, 1975. He was made regular on 9-8-1976. However, his entry into service (as Joint Secretary) was antedated to 30th July, 1975, on the basis that his junior, on merit, in the lateral entry examination had been inducted on that date. It seems that the Secretariat Group in the Government of Pakistan was formally constituted on 12th April, 1976. This Group was to comprise of the posts of the Deputy Secretary and above in the Federal Secretariat. The question of inter se seniority was dealt with by the Establishment Division's Memorandum No.1/2/75-ARC, dated 27th January, 1975 and subsequent O. Ms. in paragraphs 8,9 10 thereof. Para 9 of the O.M. deals with the question of seniority of the Joint Secretaries and it reads as follows:---- "9. Joint Secretary.--The seniority of a Joint Secretary which is a post in Grade 20 will be determined from the date of his continuous regular officiation in Grade-20". In the above paragraph no reference is made as to how the seniority of…
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