| Case ID |
201d5ed7-64e1-48b6-8e3c-f55ff37f73d6 |
| Body |
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| Case Number |
Appeal No. 76(R) of 1974 |
| Decision Date |
Nov 05, 1977 |
| Hearing Date |
|
| Decision |
The Tribunal concluded that while the seniority of the S. A. S. apprentices and departmental promotees is to be determined differently, the date of passing the S. A. S. Examination is crucial for establishing seniority. The appellant's entitlement to seniority was affirmed based on the date of declaration of the examination results, which was 4-4-1963, thereby placing him above those who qualified later. The decision emphasized the need for clarity in the interpretation of seniority rules and the implications of confirmation dates, ultimately supporting the petitioner's claim for seniority from the date of examination results. |
| Summary |
In the case of Amir Ahmad vs. Secretary, Ministry of Finance, the Federal Service Tribunal addressed the complexities surrounding seniority determinations under the Service Tribunals Act of 1973. The case arose when the appellant, Amir Ahmad, contested the seniority assigned to him compared to his peers following his qualification as an S. A. S. Accountant. The court ruled that seniority should be established based on the date of passing the S. A. S. Examination rather than the confirmation date. The Tribunal highlighted the distinction in seniority calculations for apprentices versus departmental promotees, establishing a precedent for future cases involving civil service appointments and seniority disputes. This decision is significant not only for its immediate implications for the parties involved but also for its broader impact on the interpretation of civil service laws in Pakistan. It underscores the necessity for clarity in legal interpretations regarding seniority and promotion within government departments, ensuring that the rights of qualified personnel are upheld in accordance with established regulations. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RASOOL SHEIKH, CHAIRMAN,
ABDUL KADIR, MEMBER,
G. A. MUGHAL, MEMBER
|
| Lawyers |
Not available
|
| Petitioners |
AMIR AHMAD
|
| Respondents |
SECRETARY, MINISTRY OF FINANCE ETC.
|
| Citations |
1980 SLD 1537,
1980 PLC 670
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973)
|
| Sections |
4
|