| Case ID |
1699f256-cdfd-44c4-87c6-276ac71ed4d3 |
| Body |
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| Case Number |
Civil Appeal No. 56 of 1982 |
| Decision Date |
Oct 23, 1984 |
| Hearing Date |
Jun 25, 1984 |
| Decision |
The Supreme Court dismissed the appeal, affirming the decision of the Service Tribunal. The Court held that the notification of the Ministry of Education, which regularized the services of the appellants from an earlier date, was beyond its jurisdiction and could not confer any vested rights. The Court maintained that proper consultation with the Public Service Commission was mandatory before any regularization of appointments. The appellants were civil servants whose appointments were ad hoc and the modification in the regularization date adversely affected their seniority. The Tribunal's ruling that seniority is not a vested right was upheld, and the appellants could not claim any rights based on the erroneous decision of the Ministry of Education. |
| Summary |
This case revolves around the regularization of services of ad hoc lecturers at the Federal Government College for Women, Islamabad under the framework of the Constitution of Pakistan, specifically Article 212(3). The lecturers, after being appointed on an ad hoc basis, sought to have their service dates regularized to a date earlier than that permitted by the Establishment Division's notification. The Supreme Court ultimately found in favor of the Service Tribunal's decision, which ruled that the Education Ministry's actions were beyond its jurisdiction, and that the regularization could not be backdated due to the mandatory requirement of consulting the Public Service Commission. This case underscores the complexities of civil service appointments and the legal framework governing them, particularly in relation to seniority rights and the implications of Martial Law Regulations. Key considerations include the interpretation of statutory orders, the jurisdiction of administrative bodies, and the rights of civil servants in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Establishment Division,
Ministry of Education,
Federal Government College for Women, Islamabad
|
| Judges |
SHAFIUR REHMAN, J.,
S.A. NUSRAT, J.,
ZAFFAR HUSSAIN MIRZA, J.
|
| Lawyers |
Mr. S.M. Zaffar
|
| Petitioners |
Mrs. REHANA SAEED,
Miss Shamim Kausar,
Miss Shamima Qasim,
Miss Sabeeha Nasir,
Miss Mumtaz Fatima Jaffari,
Mrs. Asma Kamal,
Miss Tasneem Akhtar,
Mrs. Farrukh Junaid,
Miss Arifun Nisa,
Mr. Muhammad Mohsin
|
| Respondents |
PAKISTAN through Secretary, Ministry of Education and others
|
| Citations |
1985 SLD 347,
1985 SCMR 51
|
| Other Citations |
Province of Punjab v. Syed Bashir Ahmad Bukhari P L D 1982 S C 27
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|