Case Details

Citation(s)
2002 SLG 1686 2002 SLD 1686 2002 PLC 47
Supreme Court of Pakistan
Civil Petitions Nos.97 and 98-Q of 2000, decision dated: 26-07-2001. (On appeal from the judgment, dated 14-9-2000 passed by Balochistan Service Tribunal, Quetta in Service Appeals Nos. 18 and 19 of 1991).
SH. RIAZ AHMED AND, JAVED IQBAL, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

GHULAM RASOOL and others

VS

GOVERNMENT OF BALOCHISTAN and others

Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------S.8---Seniority---Fixation of seniority with retrospective effect ---Scope--­Seniority cannot be conferred with retrospective effect unless such right is established---Seniority cannot be determined without reference to continuous appointment in a particular grade. (b) Civil Servants Act (LXXI of 1973)--- ----S.8---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Seniority---Fixation of---Services of the civil servants were terminated during their initial training---Review Board reinstated the civil servants and the seniority was fixed from the date of their reinstatement---Contention of the civil servants was that their seniority be fixed from the date of their initial appointment---Validity---Civil servants, in the present case, had remained out of service, during the years from 1973 to 1978 having no concern whatsoever with the cadre of their service and the said period was never taken into consideration by the Review Board and the civil servants were treated on duty by granting extraordinary leave without pay---Omission on the part of the Review Board was not accidental, but the same was deliberate and calculated action which had attained finality and the civil servants could not claim any benefit for the intervening period---Had the civil servants been reinstated with retrospective effect, such fact could have been mentioned in the order passed by the Review Board---Service Tribunal, after in-depth scrutiny of entire record, had dismissed the appeals preferred by the civil servants and the findings of the Tribunal being unexceptionable did not warrant any interference---Supreme Court declined to fix seniority retrospectively in view of the orders passed by the Review Board---Leave to appeal was refused. (c) Constitution of Pakistan (1973)--- ----Arts. 185(3) & 212(3)---Grant of leave to appeal by Supreme Court=­Scope---Leave to appeal can only be granted by Supreme Court if the case involved a substantial point of law of public importance. Muhammad Iqbal v. Secretary to Government of Punjab 1986 SCMR 1; Karamat Hussain v. Province of the Punjab 1982 SCMR 897; Miss Razia…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492