| Citation(s) |
|---|
| 1998 SLG 1589 1998 SLD 1589 1998 PLC 1315 |
Supreme Court of Pakistan
Civil Appeals Nos. 673 and 674 of 1995, decision dated: 3rd June, 1998. (On appeal against the judgments dated 5-10-1994 of the Federal Service Tribunal, Islamabad in Appeal No. 74-K of 1994).
AJMAL MIAN, C.J., SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
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Civil Appeals Nos. 673 and 674 of 1995, decision dated: 3rd June, 1998. (On appeal against the judgments dated 5-10-1994 of the Federal Service Tribunal, Islamabad in Appeal No. 74-K of 1994).
AJMAL MIAN, C.J., SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
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Civil Appeal No. 673 of 1995 MUHAMMAD ANTS, SECRETARY, CENTRAL BOARD OF REVENUE, ISLAMABAD and 13 others
VS
ABDUL HASEEB and 53 others Civil Appeal No. 674 of 1995 FEDERATION OF PAKISTAN through Establishment Division, Government of Pakistan, Islamab
Law:
Section:
Civil Servants Act (LXXI of 1973)------Ss. 23, 5 & 8---Appointment---Seniority---Provision of S.23, Civil Servants Act, 1973 can only be resorted to in an individual case of hardship and not for upgrading the post of 194 officers ---Upgradation (to Grade-17) ordered by the Competent Authority in pursuance of the Presidential Directive being violative of S.5 of the Civil Servants Act, 1973, appointment of 194 Customs Officials to a higher grade (B.P. 17) could only be considered to be ad hoc conferring no substantial rights on them---Unless such officers were inducted regularly as Assistant Collectors in Grade-17, they could not claim promotion in Grade-18 in the Custom and Excise Group because without induction into the group as provided by the administrative reforms and after necessary training in the Academy, a person could not be treated as a member of the Custom and Excise Group---Seniority of such upgraded officers was to be determined under S.8, Civil Servants Act, 1973---Direction of Service Tribunal to the Competent Authority to process the cases of such upgraded officers for their induction in the Custom and Excise Group and for further promotion to Grade-18 according to the rules being uncalled for and against the spirit of the policy laid-down under the Administrative Reforms was set aside by the Supreme Court. Provision of section 23 of the Civil Servants Act, 1973 can only be resorted to in an individual case of hardship and not for upgrading the posts of 194 officers. The upgradation ordered by the Central Board of Revenue in pursuance of the Presidential Directive was violative of section 5 of the Act and, therefore, the appointments of such persons in a higher grade could only be considered to be ad hoc conferring no substantial rights on them. Seniority of such upgraded officers is to be determined under the provisions of section 8 of the Civil Servants Act, 1973 and such seniority would be having a reference to the post and not the grades as the word "grade" was omitted vide Ordinance III of 1983 with effect from 1-7-1983. The claim of the said officers that since they were working in Grade-17, therefore, they should be brought at par with…
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