| Citation(s) |
|---|
| 1994 SLG 379 1994 SLD 379 1994 PLD 269 |
Supreme Court of Pakistan
Civil Appeal No.300 of 1992, decision dated: 21st November, 1993 (On appeal from the judgment of the Federal Service Tribunal dated 22-12-1991 passed in A. No.95(K)/91).
SAAD SAOOD, JAN, AJMAL MIAN AND SAJJAD ALI SHAH, JJ.
Shahanshah Hussain, Advocate Supreme Court and ~ A. Aziz Khan, Advocate-on-Record for Appellant. S. Shahudul Haque, Advocate Supreme Court and AA. Siddiqui, Advocate-on-Record.
Civil Appeal No.300 of 1992, decision dated: 21st November, 1993 (On appeal from the judgment of the Federal Service Tribunal dated 22-12-1991 passed in A. No.95(K)/91).
SAAD SAOOD, JAN, AJMAL MIAN AND SAJJAD ALI SHAH, JJ.
Shahanshah Hussain, Advocate Supreme Court and ~ A. Aziz Khan, Advocate-on-Record for Appellant. S. Shahudul Haque, Advocate Supreme Court and AA. Siddiqui, Advocate-on-Record.
Miss FAROOQ SADIO
VS
SECRETARY, HEALTH and 4 others
Law:
Section:
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973------R. 3(2)---Constitution of Pakistan (1973), Art.212(3)---Appointment-- Promotion---Seniority---Civil servant's initial appointment on 23-12-1982 as Nursing Instructor in B.P.S. 14 was invalid for the reason that before such appointment there was revision of scales on 26-12-1981 and in consequence Nursing Instructors in B.P.S. 14 were placed in B.P.S. 17 and existing Nursing Instructors were promoted to B.P.S. 17 vide Notification dated 22-11-1982--Neither post of Nursing Instructor (B.P.S. 14) was available on the day when civil servant was appointed nor the person appointing her was competent to make such appointment for by that time posts of Nursing Instructors were in B.P.S.17 for which appointment could be made with approval of Public Service Commission---Civil Servant having failed in all forums in getting redress of her grievance, was offered adjustment to continue in service as charge Nurse (B.P.S. 14) which was the only post available---Civil servant's appeal against such offer and against refusal to grant her promotion in B.P.S. 17 was dismissed- Validity-- -Promotion to B.P.S. 17 required three years service in B.P.S. 16 which comes in the way of civil servant to be promoted---No other alternative was available was Authority except to offer civil servant retention in service in B.P.S. 14---Civil servant having put in about 11 years service in B.P.S. 14 if she was asked to start afresh in the same grade as charge Nurse, she would suffer in seniority and monetary benefits for which mistake was not made by her but by Authority concerned, who appointed her as Nursing Instructor in B.P.S. 14 when such post in that grade was non-existent---Such mistake could be attributed to concerned department for which it would be unfair to make civil servant suffer---Court directed that civil servant be treated as charge nurse in B.P.S. 14 from the date of her initial appointment on 23-11-1982 and would be entitled to benefits accruing therefrom under the rules. JUDGMENT SAJJAD ALI SHAH, J: --This appeal with leave of the Court is directed against judgment dated 22-12-1991 of Federal Service…
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