Pakistan Case Law← Search
1989 SCMR 1849

GOVERNMENT OF PAKISTAN through Secretary, Estalishment Division and

Citation1989 SCMR 1849
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 1010, 1011, 1013 and 277 of 1984
Date1989-02-27
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultLeave granted

ORDER

' SAAD SAOOD JAN, J.--These are four petitions for special leave to appeal from the order, dated 23- 7-1984 of the Federal Service Tribunal.

2. By memorandum, dated 23-1-1974 which was later amended by a memorandum issued on 3-3- 1976, various accounts services under the administrative control of the Federal Government were re-organized and a new occupational group, known as the Accounts Group, was constituted. After the reorganization of the services inter alia an inter-departmental cadre was set up. It was to comprise all posts in grade 17 formerly borne on the cadres of the Audit and Accounts Service, Military Accounts Service and Railway Accounts Service and 25 per cent. Of grade 17 Accounts posts in Telephone and Telegraph and Pakistan Post Office Departments. Respondent No,1 Syed Muhammad Jalalud Din Akbar Zaidi was at the relevant time holding the post of an Accounts Officer in the Telegraph and Telephone Department in a scale equivalent to grade 17. He had been confirmed in that post with effect from 1-3-1969. He fell within the 25 per cent quota which was reserved for the officers of his department in the inter-departmental cadre. In the seniority list which was prepared for the said cadre, he was shown junior to officers who were recruited between 1969 and 1974. He made a departmental representation that in fixing his seniority his date of confirmation should be taken into account but without any success. He then filed an appeal before the Federal Service Tribunal. The learned Tribunal accepted the appeal and gave a direction that his seniority should be fixed with effect from 1-3-1969 with consequential benefit including consideration for promotion. The Government as well as some of those who were affected by the judgment of the learned Tribunal seek leave to appeal.

3. In support of these petitions it is contended that the learned Tribunal has misconstrued the relevant seniority Rules. It is pointed out that in another case the learned Tribunal has come to a contrary conclusion holding that an officer who belonged to a localised cadre could not claim seniority over those who were members of an all-Pakistan Service at the time the inter- departmental cadre was constituted (see Abdul Maqsood Khan v. Auditor General, Pakistan, Civil Appeal No,28(L) 78).

4. The contentions raised in support of these petitions need examination.

' Leave to appeal is granted. The appeals he made ready for hearing on the present to record with permission to the parties to file additional documents, if any.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search