Case Details

Citation(s)
2008 SLG 1776 2008 SLD 1776 2008 SCMR 1159
Supreme Court of Pakistan
Civil Review Petition No.91 of 2002, decision dated: 27-03-2008
FAQIR MUHAMMAD KHOKHAR, MUHAMMAD AKHTAR SHABBIR AND ZIA PERWEZ, JJ
Syed Ali Hasan Gilani, Advocate Supreme Court and Ch. Akhter Ali, Advocate-on-Record for Petitioner. Raja Muhammad Irshad, D.A.G. and Iftikhar Anjum, S.O. (Establishment Division) for
Respondents Nos.1 and 2. Khalid Paracha, Inspector (Legal) on behalf

Syed IBNE HUSSAIN

VS

FEDERATION OF PAKISTAN through Secretary, Establishment Division and others

Law:

Section:

(a) Civil service----Induction of officers of Armed Forces of Pakistan in Civil service---History stated. G. Rabinathan v. State of Karnataka and others AIR 1995 SC 174 ref. (b) Police Service of Pakistan (Composition and Cadre) Rules, 1985--- ----R. 6---Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990---Selection of officer of Armed Forces in District Management Group---Allocation of Railways Group to such officer in year, 1989---Induction of such officer into Police Service of Pakistan (P.S.P.) Grade-18 in year, 1992 upon acceptance of his representation---Refusal of Authority to give benefit to such officer of his service rendered in Pakistan Railways from 1989 to 1992 towards his seniority in P.S.P.---Validity---Such officer on his induction into civil service could have been allocated only District Management Group,. Foreign Service Group or Police Service of Pakistan as per revised policy instructions issued by Establishment Division on 1-3-1982---Government in year 1992 had realized and rectified its mistake by accepting representation of such officer for his induction in P.S:P., but had refused his due place of seniority---Government was not legally justified to deprive such officer of his seniority as P.S.P. Officer from date he was inducted in Grade-18, but was wrongly allocated Railways Group---Such officer was not at fault---Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990 would come in way of such officer---Such officer would be assigned seniority as P.S.P. Officer (Grade-18) from date he was allocated Railways Group. Jehangir Mirza, Senior Superintendent of Police, Lahore and another v. Government of Pakistan through Secretary, Establishment Division and others PLD 1990 SC 1013 and Islamic Republic of Pakistan v. Abdul Qadir Haye and others 1981 SCMR 501 rel. (c) Administration of justice--- ----Procedure---Object stated. The proper place of procedure in any system of administration of justice is to help and not to thwart the grant to the people of their rights. All technicalities have to be avoided, unless it be essential to comply with them on grounds of public policy. The English…
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