Legal Case Summary

Case Details
Case ID 14743d19-c4f2-4db1-9336-6d4f9b35d63f
Body View case body.
Case Number Appeals Nos. 51, 52 and 53 (K) of 1990
Decision Date Aug 08, 1992
Hearing Date Aug 06, 1992
Decision The appeals are dismissed as being without merit, but with no order as to costs. The central question involved was the criteria for determining the inter se seniority of candidates selected in one batch. It was held that seniority should be determined based on merit assigned by the selecting body rather than the date of joining duty, as confirmed by the Supreme Court in previous judgments. The decision of the Central Board of Revenue to recast the seniority list based on merit was upheld.
Summary The Federal Service Tribunal dealt with three identical appeals concerning the inter se seniority of candidates appointed as Preventive Officers. The main issue revolved around whether seniority should be based on the date of joining or the merit assigned during selection. The Tribunal concluded that inter se seniority must be determined by the merit assigned by the Public Service Commission, as established in prior rulings. This case highlights the importance of meritocracy in civil service appointments and the need for compliance with established principles of seniority. The decision reinforces the stance that the date of joining is not the sole determinant of seniority when candidates are selected in a single batch. Legal representatives for the parties presented arguments supporting their respective positions, but the Tribunal ultimately favored the merit-based approach. The ruling serves as a significant reference for future cases involving seniority disputes in similar contexts, emphasizing the adherence to meritocratic principles in public service.
Court Federal Service Tribunal
Entities Involved Not available
Judges SYED ALLY MADAD SHAH, S.M. ISHAQ
Lawyers Kanwar Mukhtar Ahmad, Niaz Ahmad Khan, Abdul Sattar Mughal, Salman Hamid, Qazi Faiz Isa, Manzoor Ali Khan, Sabihuddin Ahmed
Petitioners M. TAHIR RASHID, Amir Ahmad, Kanwar Khalid Ali
Respondents SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD, 82 others
Citations 1993 SLD 1602 = 1993 PLC 1005
Other Citations Ziaul Haq and others v. Secretary, Ministry of Education, Islamabad and others 1991 SCMR 1632, ESTACODE, 1983 Edn., p. 152, S.No. 158
Laws Involved Not available
Sections Not available