| Case ID |
02e1fb50-08fa-44d5-8c9a-c919151c8988 |
| Body |
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| Case Number |
Appeal No. 750 (L) of 1982 |
| Decision Date |
Jan 11, 1984 |
| Hearing Date |
Dec 31, 1983 |
| Decision |
The Federal Service Tribunal accepted the appeal of Capt. Nazir Hussain, recognizing his service in the Army during the 1965 war as countable towards his seniority in WAPDA. The Tribunal concluded that the appellant had no choice but to join the Army due to conscription, and thus his service should not be disregarded. It was determined that the decision made in 1979 regarding seniority was not applicable to the appellant's case, as he was conscripted and had served in the Army. The Tribunal restored his seniority as previously granted, emphasizing that service rendered in the national cause must be acknowledged. |
| Summary |
In the case of Capt. Nazir Hussain vs. Chairman, WAPDA and 260 Others, the Federal Service Tribunal addressed the issue of seniority recognition for conscripted Army officers within WAPDA. The appellant, Capt. Nazir Hussain, contended that his military service during the 1965 war should count towards his seniority in the organization. The Tribunal found that Capt. Hussain had no voluntary choice to avoid conscription and thus his Army service should be recognized. The ruling emphasized the importance of acknowledging service in the national cause, which is vital for fairness in seniority matters. This case highlights issues surrounding military service, employment rights, and the legal frameworks governing public service seniority. The decision reinforces the principle that conscripted service should be valued equally to voluntary service in matters of seniority, ensuring that individuals who served their country are not unfairly disadvantaged in their professional careers. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA
|
| Judges |
Muhammad Irshad Khan,
Brig. (Retd.) Abdur Rashid
|
| Lawyers |
Kh. Muhammad Akram,
Mian Nisar Ahmad Saleem
|
| Petitioners |
Capt. Nazir Hussain
|
| Respondents |
Chairman, WAPDA,
260 Others
|
| Citations |
1984 SLD 1150,
1984 PLC 417
|
| Other Citations |
Not available
|
| Laws Involved |
Compulsory Service (Armed Forces) Ordinance, 1965,
West Pakistan Water and Power Development Authority Service of Electrical Engineers Rules, 1965
|
| Sections |
10(1),
5(2)(b)
|