Case Details

Citation(s)
1998 SLG 1365 1998 SLD 1365 1998 SCMR 615
Supreme Court of Pakistan
Civil Appeal No. 54 of 1991, decision dated: 17-11-1992
ABDUL QADEER CHAUDHRY, SAIDUZZAMAN SIDDIQUI AND WALI MUHAMMAD KHAN, JJ

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FEDERATION OF PAKISTAN

VS

MANZOOR HUSSAIN and others

Law:

Section:

Civil Servants Act (LXXI of 1973)--S. 8(4) [as amended by Civil Servants (Amendment) Ordinance (III of 1984)]-KESTACODE, 1989, para. 9, p. 1098---Constitution of Pakistan (1973). Art. 212---Civil servant's appointment as Joint Secretary in BPS-20 in Secretariat Group on 12-8-1981---Civil servant's grievance to the effect that his seniority should be reckoned from the date of his promotion to Grade-20 and not from the date of his appointment to Secretariat Group was not responded by Departmental Authority---Service Tribunal, however, directed that seniority of civil servant should be determined from 24-7-1979---Validity---Decision of Service Tribunal that civil servant's seniority should be reckoned with effect from 24-7-1979 when he was promoted to Grade-20, was not open to any exception---After amendment in S. 8(4), Civil Servants Act, 1973 by Civil Servants (Amendment) Ordinance, 1984, word "grade" was substituted by word "post" but civil servant having already been promoted to Grade-20 before such amendment came into force, such amendment would not affect his rights--­Para. 9 of ESTACODE, 1989 (at p. 1098) provides that "the seniority of Joint Secretary which is a post in Grade-20 would be determined from the date of his continuous regular officiation in Grade-20 "---Seniority of civil servant, therefore, must be reckoned on his regular entry in Grade-20 and not from the date of his posting---Appeal against of Service Tribunal was dismissed in circumstances. Muhammad Yusuf Chauhan v. Sarfraz Khan Jadoon PLD 1991 SC 514 rel. Faqir Muhammad Khokhar, Deputy Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for Appellant. Bashir A. Ansari, Senior Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Respondent No. 1. Dates of hearing: 26th and 27th October, 1992. JUDGMENT ABDUL QADEER CHAUDHRY, J.---This appeal by leave of the Court is directed against the judgment of the Federal Service Tribunal, dated 30-7-1990. 2. The facts of the case are that the respondent No. 1 an officer of the Accounts Group was promoted to Grade-20 on 27-4-1979. He was appointed as Joint Secretary in BPS-20 in the Secretariat Group on 12-8-1981. The case of the…
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