| Citation(s) |
|---|
| 1997 SLG 1045 1997 SLD 1045 1997 PLC 1071 |
Supreme Court of Pakistan
Civil Appeals Nos. 247, 917, 918 of 1993 and Civil PetitionNo. 664 of 1995, decision dated: 20-06-1997. (On appeal fromjudgments dated 14-10-1992, 1-8-1993 and 14-9-1995 passed byFederal Service Tribunal, Islamabad, in AppealsNos.511(R)/90 etc., 163,
AJMAL MIAN, RAJA AFRASIAB KHAN AND MUNAWAR AHMAD MIRZA, JJ
K.M.A. Samdani, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate onRecord for Appellant (in C. A. No. 247 of 1993). Fazal Ellahi Siddiqui, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate onRecord for Appellants (in C.As. Nos.917, 918 of 1
Civil Appeals Nos. 247, 917, 918 of 1993 and Civil PetitionNo. 664 of 1995, decision dated: 20-06-1997. (On appeal fromjudgments dated 14-10-1992, 1-8-1993 and 14-9-1995 passed byFederal Service Tribunal, Islamabad, in AppealsNos.511(R)/90 etc., 163,
AJMAL MIAN, RAJA AFRASIAB KHAN AND MUNAWAR AHMAD MIRZA, JJ
K.M.A. Samdani, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate onRecord for Appellant (in C. A. No. 247 of 1993). Fazal Ellahi Siddiqui, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate onRecord for Appellants (in C.As. Nos.917, 918 of 1
SALAMAT ALI BAIG and othersvsMUHAMMAD ASGHAR CHAUDHRY, S.O. and others
Law:
Section:
(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973R. 8BConstitution of Pakistan (1973), Art. 212(3)Section OfficersFixation of seniorityDepartmental promotees working on acting chargebasis claimed seniority higher than person qualifying competitive examination and assuming charge of the postRegularisation of service of departmental promoteesLeave to appeal was granted to consider, whether on the basis of the material available on record, Service Tribunal had rightly found that services of such civil servants could not have been regularised from specified date. (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 R. 8BTwentyfour officers were directly inducted as Section Officers after qualifying competitive examination of 1988 About two hundred and sixtynine persons having qualified requisite departmental examination since 1984, 1985 and awaiting promotion, were appointed as Section Officers on acting chargebasis against existing vacanciesQuestion of regularisation and fixation of seniority of promotee officers was adequately resolved by a high powered Secretariat Committee and Notification dated 771990 was issued for causing regularisation of Section Officers, relating to promotion quota with effect from 31121989ValidityHeld, Service Tribunal was justified in deleting operation of Notification dated 771990 with retrospective effect from 31121989 and grievance of Section Officers directly recruited on 18111989 was fully removed. (c) Civil Servants (Appointment. Promotion and Transfer) Rules, 1973Â-- R. 8BConstitution of Pakistan (1973), Art. 212(3)SeniorityInter se seniority between promotee officers and direct recruitsService Tribunal while considering grievance of the appellant (direct recruit) had obtained actual figures from Establishment Division reflecting numerical strength of Section Officers in different zones up to 3171995 which manifestly indicated that quota requirements were not violated Promotee officers who were duly regularized through impugned notification got promotion on 1151991 against their specified quotaOfficers directly recruited subsequent to said date had absolutely no legal right to challenge the…
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