| Citation(s) |
|---|
| 2004 SLG 1147 2004 SLD 1147 2004 SCMR 1215 |
Supreme Court of Pakistan
Civil Appeals Nos. 1464 to 1466 of 1999, decision dated: 23rd April, 2004.(On appeal, from judgment, dated 24 2 1999, passed by the Federal Service Tribunal, Islamabad, in Appeal No.296(P) of 1998)
SYED DEEDAR HUSSAIN SHAH, KHALIL UR REHMAN RAMDAY AND FALAK SHER, JJ
Hafiz S.A. Rehman, Senior Advocate Supreme Court with M.S. Khattak, Advocate on-Record for Appellants (in Civil Appeal No. 1464 of 1999). Nasir Saeed Sheikh Standing Counsel with Ch. Akhtar Ali, Advocate on-Record for Appellants (in Civil Appeal No. 1465
Civil Appeals Nos. 1464 to 1466 of 1999, decision dated: 23rd April, 2004.(On appeal, from judgment, dated 24 2 1999, passed by the Federal Service Tribunal, Islamabad, in Appeal No.296(P) of 1998)
SYED DEEDAR HUSSAIN SHAH, KHALIL UR REHMAN RAMDAY AND FALAK SHER, JJ
Hafiz S.A. Rehman, Senior Advocate Supreme Court with M.S. Khattak, Advocate on-Record for Appellants (in Civil Appeal No. 1464 of 1999). Nasir Saeed Sheikh Standing Counsel with Ch. Akhtar Ali, Advocate on-Record for Appellants (in Civil Appeal No. 1465
Maj. (Retd.) TIPU SULTAN KHAN and others
VS
SHAHZAD HUSSAIN and others
Law:
Section:
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---S. 3(2) Notification S.R.O. 305(I)/85, dated 31 3 1985, Ministry of Defence Service Tribunals Act (LXX of 1973), S.4 Constitution of Pakistan (1973.), Art.212(3) Direct induction Quota of Army Officers Civil servant being aggrieved of the induction of Army Officer in the service of Chief Administrator of Surveyor General of Pakistan, preferred appeal before Service Tribunal and the same was allowed by the Tribunal Validity Service Tribunal had rightly observed in the that in present composition of officers in Grade 19 20% quota had not been observed by the Survey of Pakistan in defiance of the directive of the parent Ministry i.e. Ministry of Defence Service Tribunal rightly remanded the case and directed Surveyor General to reduce the number of Army Officers holding the post of Director to one only and appoint civilian officers in the vacancies according to their selection procedure and the Recruitment Rules for civilians Judgment passed by Service Tribunal was well reasoned which had taken into consideration the entire available material and had properly interpreted the rule and Office Memorandum of Establishment Division and thus the was not open to exception Question of general public importance as contemplated under Art.212(3) of the Constitution was not made out Leave to appeal was refused. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J. -By this common judgment we propose to dispose of these connected appeals, which are directed against a consolidated judgment, dated 24 2 1999, passed by Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in which the facts and law are same and common. 2. Brief facts are that respondent No.1 Shahzad Hussain, Deputy Director, Survey of Pakistan, being aggrieved and dissatisfied, challenged the order of the Competent Authority by filing appeal before the Tribunal, whereby appellants Major (Recd.) Tipu Sultan Khan, in Civil Appeal No. 1464 of 1999 and Major (Recd.) Mehar Ali, in Civil Appeal No. 1466 of 1999 were inducted directly in excess of the quota reserved for Army Officers in the service of Chief Administrator of Surveyor General of…
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