Case Details

Citation(s)
1991 SLG 1991 1991 SLD 1991 1991 PLC 942
Federal Service Tribunal, Islamabad
Appeal No. 292(L) of 1984, decided on 17th July, 1990.
KH. ABDUL, JALIL AND CH. HASAN NAWAZ MEMBERS
Talib H. Rizvi for Appellant. Hafiz Tariq Naseem for
Respondents Nos. 1, 2 and 4. Masood Ahmed Riaz for
Respondent No. 3.

VS

AUDITOR-GENERAL OF PAKISTAN and 3 others Syed SAJJAD HUSSAIN SHAH vs AUDITOR-GENERAL OF PAKISTAN and 3 others

Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-- ----S. 8---Seniority---Appellant, an Audit Assistant of Office of Director Revenue Receipt Audit, contesting his placement at Serial No. 15 of seniority list as against respondent who was placed at Serial No. 10 of the list---Appellant praying that seniority list be modified so as to exclude name of respondent, Audit Assistant/Accountant as he had never been on strength of Directorate, Revenue Receipt Audit---Said respondent was in fact retained in office of Auditor-General in public interest and was not a deputationist from Directorate---Nothing was available on record to show that said respondent belonged to office of Director or had reported his arrival there so as to count his seniority over there and no explanation was tendered with regard thereto ---Held ,since respondent's joining in office of Director was not proved, his name needed to be struck off and excluded from seniority list of Audit Assistants with all benefits to appellant. (b) Civil service., ---"Deputationist"---Meaning. A Government servant begins to be regarded as a deputationist when he is appointed or transferred through the process of selection, to a post in a department or service altogether different from the one to which he permanently belongs. He continues to be placed in this category so long as he holds the new post in an officiating or temporary capacity but ceases to be regarded as such either on confirmation in the new post or on reversion to his substantive post. Islamic Republic of Pakistan v. Israrul Haq and 23 others PLD 1981 SC 531 ref. Date of hearing: 17th July, 1990. JUDGMENT CH. HASAN NAWAZ (MEMBER).---On 6-7-1983, Directorate of Revenue Receipt Audit, Lahore issued a seniority list of Audit Assistants representing the seniority position obtaining on 31-12-1982 (Annexure `A'). Syed Sajjad Hussain Shah appellant, now an Accountant in the Directorate, was mentioned against serial No. 15 of the list. It may here be pointed out as a material fact that the name of Mr. Shabbir Hussain Chauhan respondent No. 3 did not find place in this list. Subsequently, the Directorate revised the seniority list of Auditors/Audit Assistants as it…
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