| Case ID |
2e5b2857-40ed-4533-9bd6-0091beed1b1c |
| Body |
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| Case Number |
Civil Petitions Nos. 252 and 317 of 1994 |
| Decision Date |
Nov 28, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions filed by the Federal Government challenging the Federal Service Tribunal's decision to restore the seniority of respondent No. 1, BA. Tabassum. The Tribunal had concluded that the seniority list issued in 1990 was final and that no representation was made against it for three years. The Court upheld the Tribunal's finding that the assignment of seniority could not be revised without proper representation, thereby affirming the previous decision which reinstated the seniority of BA. Tabassum as assigned in the earlier list. The petitions were deemed without merit, and leave to appeal was refused. |
| Summary |
In the landmark case of Civil Petitions Nos. 252 and 317 of 1994, the Supreme Court of Pakistan addressed the issue of seniority assignment among civil servants as governed by Article 212(3) of the Constitution of Pakistan, 1973. The case arose when the Federal Government sought to challenge a decision made by the Federal Service Tribunal which restored the seniority of BA. Tabassum, a civil servant, who had been assigned a seniority position in a list issued back in 1990. The crux of the matter revolved around the validity of revising seniority lists after a considerable lapse of time without any formal objections or representations from those affected. The Court emphasized that the seniority list was final and could not be altered after three years in the absence of aggrieved parties raising their concerns. This ruling reinforced the principles of administrative fairness and the importance of timely challenges within the bureaucratic framework, setting a precedent for future cases involving seniority disputes among civil servants. The decision reflects a commitment to uphold established administrative practices while ensuring that the rights of individuals are respected within the defined legal frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Government,
Federal Service Tribunal
|
| Judges |
Saiduzzaman Siddiqui,
Mukhtar Ahmed Junejo
|
| Lawyers |
Muhammad Nawaz Abbasi, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate on Record
|
| Petitioners |
FEDERATION OF PAKISTAN through Secretary Establishment, Islamabad
|
| Respondents |
BA. TABASSUM,
Muhammad Afzal Saivi
|
| Citations |
1995 SLD 332 = 1995 SCMR 1229
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|