| Citation(s) |
|---|
| 1996 SLG 259 1996 SLD 259 = 1996 PLD 771 |
Supreme Court of Pakistan
Civil Appeals Nos. 128 of 1993 and 5 of 1994, decisiondated: 27-06-1996.(On appeal from the judgments of FederalService tribunal dated 26-7-1992 passed in AppealN.o.74-R/91 of 11-7-1993 in Appeal No.315-R/91.,respectively).
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Muhammad Munir Peracha, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate Supreme Court (in C.A. No. 5 of 1994).
Civil Appeals Nos. 128 of 1993 and 5 of 1994, decisiondated: 27-06-1996.(On appeal from the judgments of FederalService tribunal dated 26-7-1992 passed in AppealN.o.74-R/91 of 11-7-1993 in Appeal No.315-R/91.,respectively).
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Muhammad Munir Peracha, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate Supreme Court (in C.A. No. 5 of 1994).
MUHAMMAD ARSHAD SULTAN, SECTION OFFICER, CABINET DIVISION, ISLAMABAD and another vsPRIME MINSTER OF PAKISTAN, ISLAMABAD and others
Law: Civil Servants Act, 1973
Section: 8,8 & 25(2)
Law: Azad Jammu and Kashmir Civil Servants (Appointment, Promotion and Transfer) Rules, 1973)
Section: 8 & 25(2)
Law: Constitution of Pakistan, 1973
Section: 212(3)
(a) Civil Servants Act (LXXI of 1073)---S. 8 --- Civil Servants (Appointment, Promotion and Transfer Rules, 1973, R.3 --- Constitution of Pakistan (1973), Art.212(3) --- Seniority --- Transfer on deputation --- Leave to appeal was granted to consider whether, civil servants who were initially appointed as Section Officer (BPS-17) in Office Management Group on deputation from other departments and were absorbed subsequently by transfer of their services. to Office Management Group, were entitled to claim seniority from the date of their joining as Section Officers on deputation or from the date of their regular appointment/absorption in Office Management Group as Section Officers.(b) Civil service ---------Deputationist"--- Definition."Deputationist" is defined to be a Government servant who is appointed or transferred through the process of selection to a post in- a department or service altogether different from the one to which he permanently belongs. Such a Government servant continues to enjoy this status so long as he holds the new post in an officiating or a temporary capacity but ceases to be regarded as such either on confirmation in the new post or -on reversion to his substantive post.ESTACODE 1989 Edn.,, SI.No.29, para.6; Province of Punjab v. Ikramul Haq 1986 SCMR 1994 and Establishment Manual, Vol. 1, Chap. IX ref..(c) Civil Servants Act (LXXI of 1973)------- Ss. 8 & 25(2) --- Office Management Group Rules as contained in ESTACOD . E (1989 Edn.), R.9-A --- Office Memorandum No.6/15/48-ME dated 31st -March, 1951 --- Office Memorandum No.6/39/57 ME dated 5-2-1958-- Office Memorandum No.7/12/181-C III.B/LOMG)II, dated 4-11-1985-- Instructions to regulate cases of transfer of civil servants from one office to another as laid down at p.3~5, ESTACODE (1989) SI. No.30, para.'6--Deputationist --- Seniority --- Determination --- For determining the seniority of a civil servant it is necessary that he must be a member of that cadre or service at relevant time --- When it is open to a Deputationist to accept or refuse an offer of appointment in another office, he should count his' seniority in the new office from the date of his transfer to that office…