| Citation(s) |
|---|
| 1998 SLG 810 1998 SLD 810 1998 SCMR 1985 |
Supreme Court of Pakistan
Civil Appeal No. 670 of 1984, decision dated: 13-10-1987 (Against the judgment and order of Federal Service Tribunal, Islamabad, dated 20-12-1983 in Appeal No.30(R) of 1982)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND ALI HUSSAIN QAZILBASH, JJ
Sajjad Ahmed Sipra, Deputy Attorney-General and M.A. Siddiqui, Advocate-on-Record for Appellant. Abdul Hakeem Khan, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondent No. 1
Civil Appeal No. 670 of 1984, decision dated: 13-10-1987 (Against the judgment and order of Federal Service Tribunal, Islamabad, dated 20-12-1983 in Appeal No.30(R) of 1982)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND ALI HUSSAIN QAZILBASH, JJ
Sajjad Ahmed Sipra, Deputy Attorney-General and M.A. Siddiqui, Advocate-on-Record for Appellant. Abdul Hakeem Khan, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondent No. 1
ESTABLISHMENT SECRETARY TO THE GOVERNMENT OF PAKISTAN
VS
S.A.M. WAHIDI, DEPUTY SOLICITOR, LAW DIVISION, ISLAMABAD and others
Law:
Section:
(a) Civil Servants Act (LXXI of 1973)--S. 8---Constitution of Pakistan (1973), Art. 212(3)---Seniority---Leave to appeal was granted by Supreme Court to examine whether in allowing seniority to civil servant as Deputy Secretary the Service Tribunal had correctly applied the law. (b) Civil Servants Act (LXXI of 1973)--- ----S. 8---Seniority---Right to claim seniority from a date earlier to formal appointment as Deputy Secretary of a person, who had done continuous officiation as Deputy Secretary---Person can be given the credit of seniority without having officiated for a single day as Deputy Secretary if he had done so in a post in Grade-19 or its equivalent. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to the Establishment Secretary, Government of Pakistan, to examine whether in allowing the respondent, seniority as Deputy Secretary from 1-11-1974 instead of 24-10-1978 the Tribunal had correctly applied the law. The respondent belonged to the Office Management Group and was posted as Section Officer in the Secretariat. In the year 1973 a temporary post was created in the Ministry of Law and Parliamentary Affairs, as it was then called, of Officer on Special Duty with the status of a Deputy Secretary. A proposal was sent in September, 1974 by the Secretary Law Division recommending that the respondent be promoted as Deputy Solicitor, a post which had become vacant on account of promotion of the incumbent. By letter dated the 28th of September, 1974 the Establishment Division communicated the minutes of the meeting of the Central Selection Board held on the 24th of September, 1974 the operative part being as follows:-- "The Board observed that Mr. S.A.M. Wahidi was basically a Section Officer and normally all the Section Officers possessing law degrees and having legal experience should be considered for the post of Deputy Solicitor, in the Law Division. The Law Secretary however stated that only Mr. S.A.M. Wahidi had the requisite experience and no other Section Officer would fit into the job. The Board accordingly cleared Mr. S.A.M. Wahidi for appointment as Deputy Solicitor in the Law Division in Grade-18,…
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