| Case ID |
1ef7c45d-c232-4164-a52b-ed1d9597e90a |
| Body |
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| Case Number |
Civil Appeal No. 670 of 1984 |
| Decision Date |
Oct 13, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine whether the Federal Service Tribunal correctly applied the law concerning the seniority of civil servants. The decision concluded that the respondent was entitled to seniority from an earlier date due to his continuous officiation in a Grade-19 post prior to his formal appointment as Deputy Secretary. The Tribunal's findings were upheld, and the appeal was dismissed with costs, affirming the respondent's rights based on the relevant laws and the specifics of his service record. |
| Summary |
This case revolves around the seniority rights of civil servants under the Civil Servants Act of 1973. The central issue was whether the Federal Service Tribunal had appropriately recognized the seniority of S.A.M. Wahidi, a Deputy Solicitor, in light of his previous service in an ex-cadre role. The Supreme Court's ruling emphasized the importance of recognizing continuous officiation in a relevant post for determining seniority, which is a significant aspect of civil service law. The ruling provides clarity on how seniority should be calculated when there are overlapping roles and responsibilities in government positions, specifically under the framework of the Pakistani Constitution and civil service regulations. The case underscores the legal precedents set for future disputes regarding civil service appointments and promotions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Law Division
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN, J.,
ZAFFAR HUSSAIN MIRZA, J.,
ALI HUSSAIN QAZILBASH, J.
|
| Lawyers |
Sajjad Ahmed Sipra, Deputy Attorney-General,
M.A. Siddiqui, Advocate-on-Record for Appellant,
Abdul Hakeem Khan, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
ESTABLISHMENT SECRETARY TO THE GOVERNMENT OF PAKISTAN
|
| Respondents |
others,
S.A.M. WAHIDI, DEPUTY SOLICITOR, LAW DIVISION, ISLAMABAD
|
| Citations |
1998 SLD 810,
1998 SCMR 1985
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
8,
212(3)
|