| Citation(s) |
|---|
| 1991 SLG 1815 1991 SLD 1815 1991 PLC 57 |
Federal Service Tribunal, Islamabad
Appeal No. 94(K) of 1986, decided on 14th June, 1990.
SYED ALLY MADAD SHAH, CHAIRMAN AND MISBAHULLAH KHAN, MEMBER
MA. Muatti Siddiqi for Appellant. Niaz Ahmad Khan, Standing Counsel for
Respondents Nos. 1 to 3. M.M. Baig for
Respondents Nos.4 to 9.
Appeal No. 94(K) of 1986, decided on 14th June, 1990.
SYED ALLY MADAD SHAH, CHAIRMAN AND MISBAHULLAH KHAN, MEMBER
MA. Muatti Siddiqi for Appellant. Niaz Ahmad Khan, Standing Counsel for
Respondents Nos. 1 to 3. M.M. Baig for
Respondents Nos.4 to 9.
ABDUL HAYEE
VS
SECRETARY, MINISTRY OF COMMUNICATIONS and 9 others Civil Servants Act (LXXI of 1973) ABDUL HAYEE vs SECRETARY, MINISTRY OF COMMUNICATIONS and 9 others
Law:
Section:
---S. 8---Engineering Supervisors Recruitment Rules, 1972, Rr. 15 & 16--Seniority ---Appellant, a promotee Engineering Supervisor (Trunks), Telecommunications, preferring appeal for determining his seniority amongst Engineering Supervisors (Trunks) Tele-communications ---Order of promotion of appellant as Engineering Supervisor was not issued from date when respondents/his juniors were promoted but issued later on ---According to relevant Rules, promotions to posts of Engineering Supervisors were to be made from amongst departmental candidates, who had done Engineering Supervisors' Course and passed requisite examination ---Persons promoted earlier had passed said examination earlier than appellant, even if they were his juniors ---Fact that required examination was passed by respondent earlier was not controverted by appellant---Appellant challenged promotion of two of such promotees on almost same ground and his earlier appeal before Tribunal was disposed of with direction that he should be promoted against first available vacancies which indicated that his prayer for his promotion with retrospective effect was impliedly rejected---Held, appellant had been promoted on his own turn in accordance with relevant rules and his seniority was to reckon from date of his regular promotion---No case having been made out for his promotion with retrospective effect, interference was declined by Tribunal. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).--Appellant Abdul Hayee, an Engineering Supervisor (Trunks) has preferred this appeal for determination of his seniority amongst the Engineering Supervisors (Trunks), International Gate-Way Exchange, Overseas Telecommunication Region, T & T, Karachi. 2. The case of the appellant is that he was appointed through competitive examination as a Telephone Operator in the Karachi Telecommunication Region, Pakistan T & T Department, Karachi, on 21-3-1961. In the year 1976, he and some other Telephone Operators were inducted in the newly established Overseas Telecommunication Region, Karachi. He passed the requisite Engineering Supervisors Course of 1982 in the year 1983 and he thereby became eligible for promotion to the…
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