| Citation(s) |
|---|
| 1999 SLG 204 1999 SLD 204 1999 SCMR 185 |
Supreme Court of Pakistan
Civil Appeals Nos. 946 to 948 of 1993. dates of hearing: 27th and 28-10-1998
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
Appellants in person. Maulvi Anwarul Haq, Dy. A.-Q. and Mehr Khan Malik, Advocate-on-Record for
Respondent (in C.As. and for Petitioners in C.Ps. Nos. 1185 to 1204 of 1997). Sh. Riazul Haq, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Reco
Civil Appeals Nos. 946 to 948 of 1993. dates of hearing: 27th and 28-10-1998
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
Appellants in person. Maulvi Anwarul Haq, Dy. A.-Q. and Mehr Khan Malik, Advocate-on-Record for
Respondent (in C.As. and for Petitioners in C.Ps. Nos. 1185 to 1204 of 1997). Sh. Riazul Haq, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Reco
Mehr SHER MUHAMMAD and others
VS
FEDERATION OF PAKISTAN
Law:
Section:
(On appeal from the dated 26-7-1997 passed by the Federal Service Tribunal, Islamabad in Appeals Nos.629-R of 1996 and 19 others). Civil Appeals Nos. 946 to 948 of 1993 and Civil Petitions Nos. 1185 to 1204 and 1207 to 1224 of 1997, decided on 28th October, 1998 (a) Civil service--Seniority-'Deputationists/inductees --- Principles --- Deputationists who had been performing functions in a service group to the entire satisfaction of their superiors, after permanent - absorption in said Group became entitled to be regulated for purposes of seniority under the prevalent procedure, instructions and rules --- Special procedure or Rules contained in an Office Memorandum would regulate seniority of inductees/deputationists in the absence of any specific rules or general provisions. PLD 1996 SC 771; 1995 SCMR 1840; PLD 1959 (W.P.) Kar. 92 and PLD 1991 SC 143 ref. (b) Civil Servants (Seniority) Rules, 1993--- ---- Preamble --- Civil Servants (Seniority) Rule, 1993 are prospective in character and would supersede all practices, instructions and Office Memorandums in the sphere of fixing seniority of civil servants from the date of their promulgation and all other methods existing till then shall cease to be operative. PLD 1993 Central Statutes 281 ref. (c) Civil service--- ---- Inter se service rights --- Unless extraordinary justification is shown, the Government departments for regulating inter se service rights of the officers must remain consistent. JUDGMENT MUNAWAR AHMED MIRZA, J.---There are three separate sets of cases which primarily involve common point relating to determination of seniority amongst the officers who were on deputation and permanently absorbed in Office Management Group (hereinafter referred to as O.M.G) of Federal Secretariat and the Section Officers of different grades already in the Secretariat. First set of the cases relate to C. P. L. As Nos. 1185 to 1204 filed by the Federation of Pakistan challenging single judgment dated 26-7-1997 passed by Federal Service/Tribunal in Appeal No.629-R/95 and 19 connected matters. Second set pertains to C.P.L.As Nos. 1207 to 1224 of 1997 filed by the Departmental Section Officers who were affected by above…
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