| Citation(s) |
|---|
| 1987 SLG 342 1987 SLD 342 = 1987 SCMR 407 |
Supreme Court of Pakistan
Civil Petition No. 1115 of 1979, decision dated:10-12-1986.(On appeal from the judgment and order, dated25-10-1979 of the Punjab Service Tribunal in Appeal No. 381of 1977)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVAID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
A. K. Dogar, Advocate Supreme Court instructed by Syed Abul Asim Jafri, Advocate-on-Record (absent) for Petitioners. Hafiz S.A. Rehman, Advocate Supreme Court with Manzoor Ilahi, Advocate-on-Record for
Respondent No. 1.Muhammad Nawaz Abbasi, Assistant A
Civil Petition No. 1115 of 1979, decision dated:10-12-1986.(On appeal from the judgment and order, dated25-10-1979 of the Punjab Service Tribunal in Appeal No. 381of 1977)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, JAVAID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
A. K. Dogar, Advocate Supreme Court instructed by Syed Abul Asim Jafri, Advocate-on-Record (absent) for Petitioners. Hafiz S.A. Rehman, Advocate Supreme Court with Manzoor Ilahi, Advocate-on-Record for
Respondent No. 1.Muhammad Nawaz Abbasi, Assistant A
INAYAT ALI and another
VS
MANZOOR ULLAH and another
Law: Constitution of Pakistan 1973
Section: 212(3)
Law: Punjab Services and General Administration Department (S&GAD) Allotment Policy
Section: 4
Law: Punjab Civil Servants Act, 1974
Section: 7(2)
Law: West Pakistan Agricultural Bank (Recovery of Dues) Ordinance, 1959
Section: 9(1), Explanation I & 9(2)(b)
Constitution of Pakistan (1973)-----Art. 212(3)--Punjab Service Tribunals Act (IX of 1974), S. 4--Punjab Civil Servants Act (VIII of 1974), S. 7(2)--West Pakistan Agricultural Service (Research Wing) (Class (I) Rules, 1963, Rr. 9(1), Explanation I & 9(2)(b)--Seniority--Leave to appeal--Respondent promoted on ad hoc basis to post of Assistant Oil Technologist (Class II) and after one and half year vacating the post on his going abroad for training and on return allowed to draw salary of Agricultural Assistant as no post was available for him to be adjusted--Respondent again promoted on ad hoc basis to another post of Assistant Agriculture Chemist (Class II) and later confirmed on said post--Appointment of respondent, held, could not be termed as "Continuous officiating" and Tribunal was in error to use word "officiation" as the word "appointment" used in R.9(1)(b), West Pakistan Agricultural Service (Research Wing) (Class II) Rules, 1963 implied regular appointment in grade which was a different connotation--Seniority in the grade to which a civil servant is promoted takes effect from the date of regular appointment to a post in that grade--Presumption drawn for giving to respondent the benefit of Explanation I to R. 9(1), West Pakistan Agriculture Service (Class II) Rules, 1963 was also out of place as it was not a case where date of continuous appointment of two or more officers was the same nor of a promotion of a junior officer in a lower grade to a higher grade temporarily in the public interest--Petition converted into an appeal and accepted.(b) Words and phrases-----Words "officiation" and "appointment"--Connotation of.(c) Civil service-----Seniority--Seniority in grade to which a civil servant is promoted takes effect from the date of regular appointment to a post in that grade.ORDER MUHAMMAD HALEEM, C.J.--In this petition, the seniority list of 1972 is under challenge. It was amended in 1977 on the representation of the petitioners and again on further representation by others, it was restored to its original form. It was challenged in Appeal No. 381 of 1977 before the Punjab Service Tribunal by Manzoor Ullah and the petitioners were arrayed as…