| Citation(s) |
|---|
| 1990 SLG 1243 1990 SLD 1243 1990 PLC 45 |
Federal Service Tribunal, Islamabad
Appeal No. 296(R) of 1986, decided on 3rd June, 1989.
SYED ALLY MADAD SHAH, CHAIRMAN, SALAHUDDIN CHAUDHRI AND MISBAH ULLAH KHAN, MEMBERS
Raja Muhammad Asghar Khan for Appellant. Ali Abid for
Respondents.
Appeal No. 296(R) of 1986, decided on 3rd June, 1989.
SYED ALLY MADAD SHAH, CHAIRMAN, SALAHUDDIN CHAUDHRI AND MISBAH ULLAH KHAN, MEMBERS
Raja Muhammad Asghar Khan for Appellant. Ali Abid for
Respondents.
MUHAMMAD ZAKARIA KHAN
VS
. THE SECRETARY, ESTABLISHMENT DIVISION and 23 others MUHAMMAD ZAKARIA KHAN vs. THE SECRETARY, ESTABLISHMENT DIVISION and 23 others
Law:
Section:
(a) Civil service-- --- Service Tribunals Act (LXX of 1973), S. 4---Appeal---Limitation---Civil servant's objection to seniority list having been regretted, he sought his departmental remedy---Representation against seniority list remaining pending, civil servant appeal filed within 120 days of the filing of representation, would be within time. (b) Civil service-- ---Seniority---Civil servant's initial appointment was regular and not ad hoc---On abolition of particular Ministry where civil servant was serving, he was absorbed against an equivalent post which meant that civil servant continued to render service continuously in that grade from his initial appointment---Civil servant was thus entitled to retain his seniority from his initial appointment---Temporary appointees were allowed seniority with reference to dates of their original regular though temporary appointments/promotions---Such appointees having been appointed earlier in date than that of civil servant, civil servant could not claim seniority over them---Seniority inter se of civil servant and persons proceeded against has thus to be determined with reference to dates of their original appointments/promotions---Civil servant's appeal that his seniority was to be counted from the date he joined service was thus accepted to that extent but he was not deemed to be senior to respondent civil servants who had joined service earlier than him. JUDGMENT SALAHUDDIN CHAUDHRI (MEMBER).--The appellant, Muhammad Zakaria Khan, an Assistant in the Establishment Division, has preferred this appeal to contest his seniority inter se as fixed by the said Division. His claim is that he is entitled to seniority from 14-9-1976, the day he joined the erstwhile Ministry of Agrarian Management and not from 1-1-1978, the date on which he was absorbed in the Establishment Division. He further claims his seniority over respondents Nos. 2 to 24. 2. The background facts which have given rise to this appeal are that the appellant joined the erstwhile Ministry of Agrarian Management on 14-9-1976 as an Assistant against posts advertised in the press. This appointment was temporary but regular and not ad hoc. Towards the end ofโฆ
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