| Citation(s) |
|---|
| 1998 SLG 1542 1998 SLD 1542 1998 PLC 1130 |
Supreme Court of Pakistan
Civil Appeal No.333 of 1995, decision dated: 16-06-1998. (Onappeal from the judgment of Federal Service Tribunal dated27-3-1994 passed in Appeal No.353(R) of 1993).
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND WAJIHUDDIN AHMED, JJ
Civil Appeal No.333 of 1995, decision dated: 16-06-1998. (Onappeal from the judgment of Federal Service Tribunal dated27-3-1994 passed in Appeal No.353(R) of 1993).
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND WAJIHUDDIN AHMED, JJ
LT. COL. (Retd.) ABDUL LATIF vsFEDERATION OF PAKISTAN and 174 others
Law:
Section:
(a) Civil Servants Act (LXXI of 1973)------S.8---Constitution of Pakistan (1973), Art. 212(3)---Seniority--Determination--- Induction of personnel of Armed Forces in other services--Contention was that there were three examples of discrimination by the department wherein the persons had been given seniority in similar circumstances (as in the case of petitioner)---Leave to appeal was granted by Supreme Court to thrash out in detail as to whether cited cases (discriminatory) were distinguishable or were not to be followed. (b) Civil Servants Act (LXXI of 1973)--- ----S.8---Seniority---Induction of personnel of Armed Forces in other services--- Appointing Authority while approving induction of personnel of Armed Forces in other services, for sufficient reasons may allow them seniority from the date of induction into such service, notwithstanding the contrary provision in the rules that seniority is to be counted from the date of regularisation of the appointment. Jehangir Mirza v. Government of Pakistan PLD 1990 SC 1013 ref. (c) Civil Servants Act (LXXI of 1973)--- ----S. 8---ESTACODE (1989 Edn.), pp. 20 to 23---Army personnel who was on deputation in civil service and was subsequently inducted in civil service had retired from the military service after his induction in civil service was approved by the Competent Authority---Such army personnel having continued as a member of Armed Forces until his retirement from Army, his case was squarely covered by the instructions appearing at pp. 20 to 23 of the ESTACODE (1989 Edn.)---Contention that service of such person may be considered from the date when he joined the civil service as deputationist was misconceived as he continued as member of Armed Forces until his retirement from Army. Jehangir Mirza v. Government of Pakistan PLD 1990 SC 1013 distinguished. Sh. Riaz-ul-Haq, Advocate Supreme Court for Appellant. Shahid Saeed, Advocate Supreme Court/Standing Counsel and Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 2nd June, 1998. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The above appeal with the leave of this Court is directed against the judgment of Federal Service Tribunal, dated 27,3-1994. The…
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