Case Details

Citation(s)
1993 SLG 1266 1993 SLD 1266 1993 PLC 338
Supreme Court of Pakistan
Civil Appeals Nos. 88 and 1271 of 1990, decided on 4th October, 1992
ABDUL QADEER CHAUDHRY MUHAMMAD RAFIQ TARAR, AND WALI MUHAMMAD KHAN, JJ

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MUHAMMAD NAWAZ.KHAN, ASSISTANT, T & T DIRECTORATEGENERAL, ISLAMABAD

VS

MUHAMMAD IJAZ RASHID, ASSISTANT T & T DIRECTORATEGENERAL, ISLAMABAD

Law:

Section:

(On appeal from the s dated 23-8-1989 and 24-6-1990 of the Federal Service Tribunal. Islamabad passed in Appeals Nos. 284(R)/1988 and 288(R)/1988 respectively), (a) Civil Servants Act (LXXI of 1973)- ----Ss. 8 & 9---ESTACODE, Paras. 120 & 121---Seniority---General principles of seniority---Fixation of inter se seniority between direct recruits and promotees vis-a-vis their regular appointment against their respective quotas--­Where direct recruits were appointed against vacancies having fallen vacant prior in time m the reserved quota, they would rank senior to those who were appointed earlier but not against vacant seats in the reserved quota for promotees-Persons appointed on ad hoc basis in excess of quota reserved for promotees and against posts meant for initial recruitment, would stand reverted in normal course on arrival of a rightful person. Khushi Muhammad v. The General Manager, Pakistan Western Railway PLD 1970 SC 203 ref. Federation of Pakistan v. Azam Ali 1985 SCMR 386 and Malik Ghulam Rasool v. Government of Punjab 1985 SCMR 1107 rel. (b) Civil service-- ----Seniority---Inter se seniority between direct recruits appointed against reserved seats and promotees holding officiating appointment---Direct recruits appointed against reserved seats having fallen vacant earlier in time shall rank senior to promotees holding officiating appointment, though promoted earlier than the direct recruits. Ghulam Ahmad v. Federation of Pakistan 1992 SCMR 957 rel. (c) Words and phrases-- ---- Expression "to officiate" as used in para. 121 of the ESTACODE means to act or discharge an office for or on behalf of some other person.---ESTACODE para.121(1)(b). Ch. M. Akram, Advocate Supreme Court and Manzoor Ilahi, Ex-Advocate-on-Record for Appellants (in Civil Appeal No.88 of 1990). Kh. Muhammad Farooq, Advocate Supreme Court and Imtiaz M. Khan, Advocate-on-Record for Respondent No.l (in Civil Appeal No.88 of 1990). Hafiz S.A. Rehman, Advocate Supreme Court and Imtiaz M. Khan Advocate-on-Record for Respondents Nos.2 and 3 (in Civil Appeal No.88 of 1990). Shah Abdur Rashid, Advocate Supreme Court and Ejaz Muhammad, Advocate-on-Record for Appellants (in Civil Appeal…
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