| Citation(s) |
|---|
| 1999 SLG 528 1999 SLD 528 1999 SCMR 2546 |
Supreme Court of Pakistan
Civil Appeal No.522 of 1993, decision dated: 14-07-1999. (On appeal from the judgment of Federal Service Tribunal, dated 29-4-1993 passed in Service Appeal No.75-K of 1992)
SAIDUZZAMAN SIDDIQUI, C.J., MAMOON KAZI AND KAMAL MANSUR ALAM, JJ
Sirajul Haque Memon, Advocate Supreme Court and N.C. Motiani Advocate-on-Record (absent) for Appellant. A.A. Siddiqui, Advocate-on-Record for
Respondents Nos- 1 and 2
Civil Appeal No.522 of 1993, decision dated: 14-07-1999. (On appeal from the judgment of Federal Service Tribunal, dated 29-4-1993 passed in Service Appeal No.75-K of 1992)
SAIDUZZAMAN SIDDIQUI, C.J., MAMOON KAZI AND KAMAL MANSUR ALAM, JJ
Sirajul Haque Memon, Advocate Supreme Court and N.C. Motiani Advocate-on-Record (absent) for Appellant. A.A. Siddiqui, Advocate-on-Record for
Respondents Nos- 1 and 2
EJAZ AHMED, D.S., FINANCE DEPARTMENT, SINDH KARACHI
VS
GOVERNMENT OF PAKISTAN through Establishment Division and others
Law:
Section:
(a) Occupational Groups and . Service (Probation, , Training and Seniority) Rules, 1990--R. 7---Civil Service of Pakistan (Probation, Training and Seniority) Rules, 1954---Constitution of Pakistan (1973), Art. 212 (3)---Seniority---Leave to appeal was granted by Supreme Court to examine the contentions that at the relevant time civil servant was governed by Civil Service of Pakistan (Probation, Training and Seniority) Rules, 1954 and not Occupational Groups and Service (Probation, Training and Seniority) Rules, 1990, because he had passed the Departmental Promotion Examination in 1989 and was entitled to the seniority before the Occupational Group and Service (Probation, Training and Seniority) Rules, 1990 were enforced; that embargo of finally passing the examination in three attempts was provided in R.6 and the determination of seniority as provided by R.7 of Occupational Groups and-Service (Probation, Training and Seniority) Rules, 1990 were, not applicable, and therefore, the decision of Service Tribunal was wrong and illegal and that Civil Service of Pakistan Probation, Training and Seniority) Rules, 1954 did not provide for three attempts to pass the examination---Question for consideration, therefore, was whether the civil servant's case was governed by Occupational Groups and Service (Probation, Training and Seniority) Rules, 1990 or Civil Service of Pakistan (Probation, Training and Seniority) Rules, 1954. (b) Civil Service of Pakistan (Probation, Training and Seniority) Rules, 1954--_ ----R.9---Occupational Groups and Service (Probation, Training and Seniority) Rules, 1990---Seniority---Civil servant having qualified the Departmental Promotion Examination before coming into effect of Occupational Groups and Service (Probation, Training and Seniority) Rules, 1990, his case could not be governed under these Rules---Civil servant having failed to qualify the Departmental Promotion Examination was liable to the penalty of removal from the service or loss of seniority or withholding of increments under R.9, Civil Service of Pakistan (Probation, Training and Seniority) Rules, 1954---Civil servant, who did not qualify said examination in three attempts,…
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