Case Details

Citation(s)
1999 SLG 757 1999 SLD 757 1999 PLC 32
Supreme Court of Pakistan
Civil Petition No. 896 of 1997, decision dated: 22-04-1998. (On appeal from the judgment dated 27-6-1997 passed by the Service Tribunal, Islamabad in Service Appeal No. 65-R of 1997).
IRSHAD HASAN KHAN AND CH. MUHAMMAD ARIF, JJ

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MUHAMMAD MUZAFFAR ABBAS

VS

SECRETARY, KANA DIVISION and others

Law:

Section:

Civil Servants Act (LXXI of 1973)-------Ss. 23 & 8---Constitution of Pakistan (1973), Art. 212(3)---Seniority--­Civil servant's sole grievance was that his date of appointment in BS-17 should be considered 1-4-1973 instead of 1-1-11974 as treated by Departmental Authorities and affirmed by Service Tribunal ---Validity--­Service Tribunal was right in holding that petitioner having joined service as work-charged employee in 1973, his such service was regularised in 1981 from earlier date i.e., 1-1-1974, he should have challenged date of regularisation before appropriate forum within stipulated period but he failed to do so---Civil servant's silence to snake such move would go a long way to protecting interests of respondents---Civil servant's regularisation, however, having been made effective from 1-4-1974 by President in exercise of powers under S.23, Civil Servants Act, 1973, same could not be undone by any subordinate agency---Service Tribunal was also right in holding that grievance of civil servant related to order dated 23-4-1981 against which he filed representation after lapse of ten months on 20-2-1982---Civil servant's representation was, thus, clearly belated and on that ground alone, his appeal was rightly dismissed by Service Tribunal---No question of law of public importance having been raised by civil servant to warrant interference leave to appeal was refused. Pakistan v. Sheikh Abdul Hamid PLD 1961 SC 105; Muhammad Ibrahim Munshey and others v. Province of West Pakistan through Chief Secretary and others PLD 1968 SC 1; Federation of Pakistan v. Azam Ali and others 1985 SCMR 386; Sultan Mahmood, Excise and Taxation Inspector, Peshawar and others v. Government of West Pakistan and 2 others PLD 1964 SC 302; Muhammad Nabi v. The Secretary, Establishment Division, Rawalpindi and 7 others 1990 SCMR 1481 and Fida Hussain v. Government of Pakistan through Secretary, Establishment Division. Islamabad and others 1996 SCMR 303 ref. M.S. Siddiqui, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Fazal Elahi Siddiqui, Advocate Supreme Court for Respondents Nos. 3, 4 and 5. Mian Tariq Mahmood, Deputy Attorney-General for…
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