| Case ID |
14ca3e60-565c-45c6-8653-487bdbf429e2 |
| Body |
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| Case Number |
Appeal No. 95(R) of 1987 |
| Decision Date |
Nov 20, 1988 |
| Hearing Date |
Jul 05, 1988 |
| Decision |
The appeal was dismissed as not maintainable due to the jurisdictional issue. The Tribunal concluded that the appellant, Mr. Muhammad Akhtar Bajwa, was still considered an employee of the Provincial Government of Punjab. The decision was based on the Supreme Court's rulings regarding the transfer of provincial government employees to federal entities and the requirement for confirmation by the Federal Government. Therefore, the appellant could not invoke the Tribunal's jurisdiction for seniority determination in the Pakistan Railways Police, resulting in the dismissal of the appeal without any order for costs. |
| Summary |
This case revolves around the dispute of seniority between two officers in the Pakistan Railways Police, Mr. Muhammad Akhtar Bajwa and Mr. Aurangzeb Khan. The crux of the matter is whether the appellant, Mr. Bajwa, could challenge the seniority list circulated in 1982 that placed him above Mr. Khan. The Tribunal found that Mr. Bajwa was still an employee of the Provincial Government and, based on the Pakistan Railways Police Act, he had not been confirmed as a federal employee. The decision emphasized the necessity of official confirmation for jurisdictional claims in federal tribunals. The ruling cited previous Supreme Court decisions to reinforce the conclusion that without termination of his lien with the provincial police, Mr. Bajwa could not invoke the Tribunal's jurisdiction. This case highlights important aspects of employment law, particularly regarding the transfer and seniority of public servants across different governmental jurisdictions. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Federal Government,
Pakistan Railways Police,
Provincial Government of Punjab
|
| Judges |
Syed Ally Madad Shah,
Ch. Hasan Nawaz
|
| Lawyers |
Ch. Riyasat Ali,
Hafii S.A. Rahman,
Aftab Mahmud,
Muhammad Din,
Muhammad Sibtain,
Fazal Elahi Siddiqi
|
| Petitioners |
Muhammad Akhtar Bajwa
|
| Respondents |
Respondent No. 3,
Respondent No. 1,
Respondent No. 2,
Respondent No. 4,
Respondent No. 5,
Aurangzeb Khan,
Secretary, Establishment Division, Rawalpindi
|
| Citations |
1989 SLD 2426,
1989 PLC 793
|
| Other Citations |
PLD 1985 SC 195,
1986 SCMR 1994
|
| Laws Involved |
Pakistan Railways Police Act,
Service Tribunals Act
|
| Sections |
5,
4
|