| Case ID |
267d7151-e9e2-4d99-83a5-0cd3299eda7f |
| Body |
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| Case Number |
27-K of 1976 |
| Decision Date |
Apr 02, 1990 |
| Hearing Date |
Mar 08, 1990 |
| Decision |
The appeal filed by Mr. Bashiruddin A. Memon was dismissed by the Federal Service Tribunal. The Tribunal found that the appellant could not be considered for promotion over the ad hoc appointees as his appeal was time-barred and not maintainable. It was determined that the regularisation of the ad hoc appointees was done in accordance with the relevant rules, and their seniority was appropriately recognized. The tribunal also highlighted that there were two significant legal lacunae in the appeal; one being the absence of an original appellate order and the other being the untimely filing of the appeal. Thus, the case reinforced the importance of adhering to procedural requirements in service-related appeals. |
| Summary |
In the case of Bashiruddin A. Memon vs. Secretary, Ministry of Works, Islamabad, the Federal Service Tribunal dealt with an appeal regarding the promotion of ad hoc Assistant Executive Engineers over a regular appointee. The central issue revolved around the recognition of seniority and the legality of promotions granted to ad hoc appointees. The Tribunal concluded that the ad hoc appointments could not supersede the regular appointments based on the established recruitment rules. The decision underscored the principles of fairness and adherence to procedural norms in civil service promotions, noting that the appeal was dismissed due to a lack of timely filing and absence of a valid grievance. This case highlights the critical nature of following due processes in administrative decisions, which is essential for maintaining integrity within public service operations. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Government of Pakistan,
Pakistan Public Works Department
|
| Judges |
SYED ALLY MADAD SHAH (CHAIRMAN),
MISBAULLAH KHAN (MEMBER)
|
| Lawyers |
Manzoor Ali Khan,
Mushtaq A. Memon,
Niaz Ahmad Khan,
SA. Manna,
Nemo
|
| Petitioners |
BASHIRUDDIN A. MEMON
|
| Respondents |
Respondent 2,
Respondent 3,
Respondent 4,
SECRETARY, MINISTRY OF WORKS, ISLAMABAD
|
| Citations |
1991 SLD 1900,
1991 PLC 224
|
| Other Citations |
Not available
|
| Laws Involved |
Central Engineering Service (Class I) Recruitment Rules, 1951,
Civil Service Tribunals Act (LXX of 1973)
|
| Sections |
3,
23,
4
|