Case Details

Citation(s)
1993 SLG 1106 1993 SLD 1106 1993 PLC 14
Federal Service Tribunal, Islamabad
Appeals Nos. 149 and 308(L) of 19$8 and Appeal No. 182(L) of1991, decided on 18th October, 1992.
CH. HASAN NAWAZ AND MUHAMMAD ISMAIL MEMBERS

ZAKRIA KHAN BABARvsGOVERNMENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 8 others

Law:

Section:

Appeals Nos. 149 and 308(L) of 19$8 and Appeal No. 182(L) of 1991, decided on 18th October, 1992. (a) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art. 212(3)---Judgment of Supreme court in service matter---Civil servant affected by such was not before Supreme Court as a party in respondent civil servant's appeal---Effect of the said on the rights of civil servant not a party in that appeal as also before Service Tribunal---Any action taken or order made adversely affecting interests of civil servant not before the Court as a party would not be effective against him---Supreme Court was thus, not binding against those civil servants who were not impleaded as respondents. 1987 SCMR 899 and 1988 SCMR 620 ref (b) Civil service- ---- Appointment in Grade-17 with retrospective effect by an executive order-­ Validity---Respondent civil servant having been appointed in Grade-16, remained in that grade from date of his appointment viz. 27-8-1975 to date of his promotion on 20-7-1981---Status of Grade-17 could not legally be bestowed upon such civil servant with retrospective effect, even by competent Authority---Civil servant by no means could be legally made what he had never been. 1990 SCMR 1216 and 1990 SCMR 1623 ref (c) Civil Servants Act (LXX of 1973)--- ----S. 9(1)---Promotion to a higher post---Respondent civil servant who initially belonged to legal group could not be promoted in a different cadre viz. investigation group. (d) Civil service--- ----Seniority list---Notification of specified date whereby respondent (civil servant) was shown senior to civil servant (appellant) suffered from illegality, was ab initio void and of no legal effect whatever for respondent belonging to a different cadre could not be included in the list belonging to cadre of different category to which civil servant (appellant) belonged. (e) Civil service--- ----Limitation---Limitation would not run against a void order. (f) Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal---Limitation---Respondent's initial appointment being in Grade-16, he could not be placed in Grade-17 with retrospective effect from the date of his initial…
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