| Citation(s) |
|---|
| 1998 SLG 915 1998 SLD 915 1998 SCMR 2433 |
Supreme Court of Pakistan
Civil Petition No. 896 of 1997, heard on 22-04-1998, hearing DATE : 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
Mian Tariq Mahmood, Deputy Attorney-General for the Official
Respondents 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
Civil Petition No. 896 of 1997, heard on 22-04-1998, hearing DATE : 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
Mian Tariq Mahmood, Deputy Attorney-General for the Official
Respondents 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
MUHAMMAD MUZAFFAR ABBAS
VS
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 1-1-1974 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 m 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 make such move would go a long way in 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 C.P. No.342-R of 1989 and Fida Hussain v. Government of Pakistan through Secretary, Establishment Division, Islamabad and others 1996 SCMR 303 ref. ORDER IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment dated 27-6-1997 passed in Service Appeal-No. 65(R) of 1997 by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal). 2.…
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