| Citation(s) |
|---|
| 1998 SLG 859 1998 SLD 859 1998 SCMR 2202 |
Supreme Court of Pakistan
Civil Appeal No.967 of 1995, decision dated: 12-06-1998, hearing DATE : 15-05-1998
NASIR ASLAM ZAHID, MUNAWAR AHRITAD MIRZA AND ABDUR REHMAN KHAN, JJ
Usman Ghani Rashid, Advocate Supreme Court for Appellant. Maulvi Anwarul Haq, D.A.G. for
Respondents
Civil Appeal No.967 of 1995, decision dated: 12-06-1998, hearing DATE : 15-05-1998
NASIR ASLAM ZAHID, MUNAWAR AHRITAD MIRZA AND ABDUR REHMAN KHAN, JJ
Usman Ghani Rashid, Advocate Supreme Court for Appellant. Maulvi Anwarul Haq, D.A.G. for
Respondents
MUHAMMAD SHAMSUL HUDA
VS
DIRECTOR-GENERAL, FEDERAL SEED CERTIFICATION DEPARMENT, ISLAMABAD and 2 others
Law:
Section:
(On appeal from the dated 8-6-1994 of the Federal Service Tribunal, Islamabad passed in Appeal No. 26(K) of 1994). ' (a) Service Tribunals Act (LXX of 1973)--S.4---Seniority---Appeal to Service Tribunal ---Maintainability---Essentials--Appeal to Service Tribunal would not be maintainable by the aggrieved officer without impleading the officers likely to be affected by the disturbance of seniority. (b) Ex-Employees of the Former Government of East Pakistan (Appointment to Federal Posts) Ordinance (XI of 1983)--- ----Ss. 3 & 4---Seniority---Period of service which the ex-employee of former Government of East Pakistan performed as gazetted Officer in the former East Pakistan was counted towards his seniority but not the period during which he rendered his duty on non-gazetted post---Such being in line with the provisions of Ss.3 & 4 of the Ex-Employees of the Former Government of East Pakistan (Appointment to Federal Posts) Ordinance, 1983, 'said employee could not agitate the matter further. JUDGMENT ABDUR REHMAN KHAN, J.---This appeal impugnes the legality of the judgment dated 8-6-1994 of the learned Federal Service Tribunal; whereby, the appeal preferred by the appellant under section 4 of the Federal Service Tribunal Act, for fixation of his seniority from 30-9-1969 and promotion from retrospective effect, was dismissed. 2. The appellant approached the Federal Service Tribunal for his redress under the following factual background:-- The appellant was initially inducted in service on 31-10-1966 as Agronomical Assistant in the erstwhile East Pakistan and was given gazetted class-I status by order dated 30-9-1969. However, after the fall of East Pakistan when he shifted to Pakistan in 1974 and got an assignment of non-gazetted post on temporary basis in Atomic Energy Agricultural Research Centre, Tando Jam. After the promulgation of Ex-employees of the former Government of East Pakistan (Appointment to Federal Posts) Ordinance, 1983 and on approval of the Establishment Division dated 26-2-1986, the appellant was appointed as Seed Certification Officer (B-17) which he joined on 20-3-1986. 3. The relief sought by the appellant under these proceedings is…
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