Case Details

Citation(s)
1994 SLG 566 1994 SLD 566 1994 SCMR 411
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 213 of 1993, decision dated: 24-10-1993
NASIM HASAN SHAH, SALEEM AKHTAR AND MANZOOR HUSSAIN SIAL, JJ

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MUHAMMAD RAMZAN

FEDERATION OF PAKISTAN through Secretary, Establishment Division and others

Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Seniority---Dispute of seniority between directly recruited civil servant and a promotee---Respondent was promoted on 28-10-1976 on temporary basis and his appointment was regularised in 1984, against a post reserved for promotees---Petitioner was directly inducted in service in 1987, long after respondent had been appointed on promotion on regular basis in 1984, against a vacancy meant for promotees---Petitioner's claim that respondent was not entitled to be placed senior to him was not warranted---Service Tribunal's order to that effect being valid, leave to appeal was refused. ORDER MANZOOR HUSSAIN SIAL, J---Muhammad Ramzan, petitioner herein seeks leave to appeal against judgment dated 24-2-1993, of the Federal Service Tribunal, Islamabad, whereby, his appeal No. 237-R/1992, was dismissed. 2. The relevant facts of the case are that the petitioner on his selection by the Federal Public Service Commission was directly appointed on 20-1-1987, as Deputy Director (BPS 18) in the Department of National Archives of Pakistan. Mr. Matloob Hussain respondent No.3 was promoted as Deputy Director in the same department on ad hoc/temporary basis with effect from 28-10-1976. 3. The petitioner was shown junior to respondent No.3 in the seniority list, and his representation against the same, did not find favour with the department, which led him. to prefer appeal. The petitioner's appeal was dismissed on 24-2-1993, by the Federal Service Tribunal. Hence this petition. 4. Learned counsel for petitioner contended that according to Recruitment Rules, 50% of the posts of Deputy Directors were to be…
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