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1997 SCMR 1216

Mrs. SEEMIN KHAN vs FEDERATION OF PAKISTAN Through Secretary, Establishment DivisionGovernment Of Pakistan And 16 Other

Citation1997 SCMR 1216
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 1403-L of 1993Appeal
Date1997-02-12
Judge(s)Mir Hazar Khan Khoso, Fazal Ilahi Khan, Manzoor Hussain Sial, Muhammad
ResultLeave granted

ORDER

MANZOOR HUSSAIN SIAL, J.---The petitioner seeks leave to appeal against judgment dated 28-9- 1993 of the Federal Service Tribunal whereby Service Appeal No. 144(L) of 1992 filed by her was dismissed.

2. The petitioner appeared in Central Superior Services Examination and was selected in Accounts Group. She was to join the 14th Common Training Programme at the Civil Services Academy Walton, Lahore but due to certain administrative reasons at the level of the Federal Service Commission and Establishment Division she could not join that programme. She had to join 15th Common Training Programme for completing her training. On completion of her training, she was appointed Assistant Accountant-General, in the office of Accountant-General Punjab, Lahore, on 17-4-1989. On petitioner's representation that her seniority should be fixed with 14th Common Training Programme as she belonged to that Group. A provisional seniority list was issued on 21-5- 1990 wherein she was placed at Serial No.1 of the list. It was stipulated in the list that if anybody felt aggrieved he could file objection thereto before 31-5-1990, failing which the provisional seniority list would be treated final: It is significant to point out that since 1981, the inter se seniority of the incumbent used to be fixed by the marks in aggregate secured in the Central Superior Services Examination plus the marks obtained in the final passing out examination. The petitioner's seniority was determined in accordance with the aforesaid practice.

3. On 19-9-1991 through a letter, aforesaid practice was discontinued with retrospective effect so as to exclude the marks obtained by the incumbent in final passing out examination, with the result that the petitioner's seniority 'was reshuffled so as to place her junior to respondents Nos.3 to 17; she made representation to the Auditor-General of Pakistan which was rejected on 16-6-1992.

4. Aggrieved by the aforesaid order, she filed Appeal No. 144(L) of 1992 before the Federal Service Tribunal which was dismissed vide impugned order referred to above.

5. Learned counsel for petitioner contended that the petitioner's seniority was fixed in accordance with the policy in vogue. Since 1981 no objection was raised from any quarter and the seniority list attained finality; the same could not be disturbed through a letter dated 19-9-1991 to operate retrospectively. It was further contended that no opportunity of hearing was granted to the petitioner inasmuch as to allow her counsel to argue the case and the impugned judgment was passed in haste which is apparent from the contents thereof as the petitioner belonged to 14th Common Training Group but she had been considered in the 15th Common Training Group.

Leave to appeal is granted to consider the above-noted contentions raised by the learned counsel for the petitioner.

Pending decision of the appeal no order adverse to the interest of the petitioner shall be passed.

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