Case Details

Citation(s)
2002 SLG 1780 2002 SLD 1780 2002 PLC 488
Federal Service Tribunal, Islamabad
Appeals Nos.942, 943 and 944(R) of 1999, decision dated: 2-08-2000
AFTAB AHMED AND MUHAMMAD AYUB KHAN, MEMBERS

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BASHIR AHMED and 2 others

VS

COLLECTOR, SALES TAX, COLLECTORATE OF SALES TAX, ISLAMABAD and 5 others

Law:

Section:

Civil service-------Seniority---Determination---Employees of Agriculture Census Organisation were declared surplus but after about one year were absorbed in Collectorate of Sales Tax---Employees had claimed that they were entitled to count their seniority from the date of their regular appointment in their previous Department and that on being declared surplus they were entitled to carry their seniority with them and that they should have been granted seniority in the new Department---Validity---Seniority of employee on joining new Department after being declared surplus in their previous Department would be counted from date of their appointment in new Department when they were absorbed after being surplus---After promulgation of Seniority Rules, 1993, old instructions/principles of seniority were no more attracted and after promulgation of the new Rules, seniority would be determined according to the said Rules---Employees could not claim their seniority from the date of their appointment in the previous Department in circumstances. 1991 SCMR 514 and S.M. Farooq v. Muhammad Yar Khan 1999 SCMR 1039 ref. Amin-ur-Rehman Khan for-Appellants. Syed Alamdar Raza, Advocate assisted by Mahboob Alam, Section Officer, Establishment Division, Amir Sultan, Law Officer and Tariq Mahmood Asad; UDC, D.Rs. for Respondent. Date of hearing: 31st July, 2000. JUDGMENT AFTAB AHMED (MEMBER). ---Since the facts and law involved in all these three Appeals Nos.942, 943 and 944(R) of 1999 are identical it is proposed to dispose them of by this single judgment. 2. The sole question determination in all the appeals is "from which date a civil servant is to count seniority in the new appointment after having been declared surplus by his previous department" 3. The background of the appeals is that all the three appellants who had been employees of Agriculture Census Organisation were declared surplus vide Office Order, dated 29-5-1997 and were later absorbed in the Collectorate of Sales Tax Rawalpindi as Key Punch Operators vide office order dated 21-7-1998. It appears that the respondents Messrs Kamran Ellahi, Muhammad Yunis and Muhammad Hussain were promoted as Data Coder vide office…
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