Case Details

Citation(s)
1996 SLG 777 1996 SLD 777 1996 PLC 1129
Federal Service Tribunal, Islamabad
Appeals Nos. 516(R) and 517(R) of 1995, decision dated: 28-02-1996.
MUHAMMAD ISMAIL, NOOR MUHAMMAD MAGSI AND ROSHAN ALI MANGI, MEMBERS

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[Federal Service Tribunal] KHALID WASEEM and another

VS

CHAIRMAN, NATIONAL HIGHWAY AUTHORITY, ISLAMABAD and 3 others KHALID WASEEM and another vs CHAIRMAN, NATIONAL HIGHWAY AUTHORITY, ISLAMABAD and 3 others

Law:

Section:

National Highway Authority Rules, 1995-------Rr. 19, 20(1) & 38---Seniority---Determination---Civil servants who had challenged seniority roll in which they Were shown below the name of other co-­civil servant were appointed as regular Stenotypists about four years earlier to appointment of co-civil servant whose appointment otherwise was on work charge basis---Civil servants later on were promoted as stenographers on regular basis whereas co-civil servant though was promoted as stenographer earlier than civil servants, but his promotion to stenographer was on work charge basis and not on regular basis---Later on, both civil servants as well as co-civil servant were absorbed on regular basis as stenographers on same date---Civil servants, .thus being regular stenotypists as well as regular promotee stenographers, would rank senior to co-civil servant under R. 19 of National Highway Authority Rules, 1995 as co-civil servant not only was appointed as stenotypist on work-charge basis, but his promotion as stenographer also was made on work-charge basis. Raja M. Asghar Khan for Appellants. Fazal Elahi Siddiqui alongwith Ishtiaq Ahmed, Superintendent (Personnel), N.H.A. as D.R. for Respondents Nos. 1 to 3. Ishtiaq Ahmed, Superintendent (Personnel) N.H.A. as D.R. JUDGMENT ROSHAN ALI MANGI (MEMBER). ---The facts and the law applicable in these two appeals i.e. Appeals Nos. 516(R),of 1995 and 517(R) of 1995, are identical, we, therefore, propose to dispose of them with a single order. 2. Seniority roll of the all N.H.A. Regular Employees (BPS-20 and below) was circulated vide letter, dated March 8, 1995. The objections were invited up to 31-3-1995. Since the names- of the appellants were shown below the name of the respondent No. 4 in said seniority roll, they, therefore, submitted their objections -- appellant Mr. Muhammad Yousuf on 29-3-1995 whereas appellant Khalid Waseem on 19-3-1995. 3. However, their, appeals were withheld vide letter, dated 23rd July, 1995, and the relevant letter is reproduced below: " NATIONAL HIGHWAY AUTHORITY No. 13(1)-ADMN(P)/NHA/95/2322, Islamabad, dated 23-7-1995. (a) Mr. Khalid Waseem, Stenographer (B-15). (b) Mr. Barkat Ali,…
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