| Case ID |
005b4b61-0491-4bd8-a9e0-2ec5704fdfcc |
| Body |
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| Case Number |
Civil Appeals Nos.420 to 430 of 2012 |
| Decision Date |
Feb 18, 2013 |
| Hearing Date |
Jan 22, 2013 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Federal Service Tribunal, which dismissed the appeals of the appellants against the seniority list prepared in the newly created Inland Revenue Service. The Court found that the appellants had received adequate opportunity to present their case before the Tribunal, and the seniority list was valid as it adhered to the provisions of the Civil Servants (Seniority) Rules, 1993. The Court reiterated that seniority is not a vested right and that mere length of service does not automatically confer seniority. The decision emphasized the importance of proper procedure in determining seniority based on the rules established by the government, and upheld the principle that promotions and seniority must be governed by established laws. |
| Summary |
In the case of Civil Appeals Nos.420 to 430 of 2012, the Supreme Court of Pakistan addressed the issue of seniority among civil servants in the newly established Inland Revenue Service. The case revolved around the interpretation of the Civil Servants Act, 1973 and the Civil Servants (Seniority) Rules, 1993, particularly concerning the rights and seniority of officers transferred from other service groups. The appellants challenged the seniority list, arguing that it did not reflect their length of service appropriately. The Court found that the Federal Service Tribunal had correctly interpreted the law and provided due process, thereby dismissing the appeals. This case underscores the importance of following established rules in determining seniority and the non-vested nature of promotion rights in civil service. Key terms include 'Civil Servants Act', 'Seniority Rules', 'Inland Revenue Service', and 'Federal Service Tribunal'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Anwar Zaheer Jamali,
Ejaz Afzal Khan
|
| Lawyers |
Abdur Rahim Bhatti,
Abdur Rehman Siddiqui
|
| Petitioners |
Haroona Muhammad Khan and others
|
| Respondents |
Rukhsana Yasmeen and others
|
| Citations |
2014 SLD 140,
2014 SCMR 358
|
| Other Citations |
Muhammad Nadeem Arif v. Inspector-General of Police 2010 PLC (C.S.) 924,
Naveed Ahmed v. Federation of Pakistan 2012 SCMR 1133
|
| Laws Involved |
Civil Servants Act, 1973,
Service Tribunals Act, 1973,
Civil Servants (Seniority) Rules, 1993
|
| Sections |
8,
9,
4(1) proviso (b),
4(b)
|