| Case ID |
2e800b80-5a1a-43fa-b7da-d9e8a9972863 |
| Body |
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| Case Number |
Civil Appeals Nos. 390, 391 and 392 of 1997 |
| Decision Date |
Mar 03, 1998 |
| Hearing Date |
Mar 03, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the Civil Appeals Nos. 390, 391 and 392 of 1997, upholding the decision of the N.W.F.P. Service Tribunal. The Court maintained that the distinction between cadre posts and sub-cadre posts in the North-West Frontier Province Engineering Service Rules, 1973 does not create separate categories, thereby validating the Tribunal's findings that the appellants' positions could not include the respondents in their seniority list. The Court emphasized that sub-cadre posts are integral parts of the cadre and do not constitute separate entities. Consequently, the appellants' appeals were dismissed without any order as to costs. |
| Summary |
In the Civil Appeals Nos. 390, 391 and 392 of 1997, the Supreme Court of Pakistan delivered a pivotal decision on March 3, 1998, reaffirming the judgments of the N.W.F.P. Service Tribunal. The case revolved around the interpretation of the North-West Frontier Province Engineering Service Rules, 1973, specifically Rule 3 and the subsequent Schedules I and II from the 1979 Rules. Petitioners, including MUHAMMAD SOHAIL and others, contested the inclusion of respondents in their seniority list, arguing that they belonged to separate cadres—a general cadre and a specialized sub-cadre. The Supreme Court upheld the Tribunal's stance, clarifying that the term 'sub-cadre' signifies an integral part of the cadre, not an independent category. This interpretation ensured consistency in the application of service rules, emphasizing that sub-cadre positions, such as Principal Engineers and Project Managers, remain within the broader engineering service structure. The Court also dismissed references to unrelated cases, notably Salimullah Khan v. Raqib Khan, for lack of relevance. The comprehensive judgment underscored the importance of adhering to established service rules and clarified the hierarchical structure within governmental engineering departments. Key aspects include the integration of specialized posts within the existing cadre framework, the non-reliance on prior judgments beyond their applicability, and the affirmation of the Tribunal's authority in administrative hierarchies. This landmark ruling has significant implications for civil service administration, seniority disputes, and the delineation of roles within governmental engineering services, contributing to the broader discourse on public sector legal frameworks and bureaucratic structuring in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
C&W Department,
N.W.F.P. Service Tribunal,
Central Design Office,
Government of N.W.F.P. Peshawar
|
| Judges |
AJMAL MIAN, C.J.,
SH. RIAZ AHMAD,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
K.M.A. Samdani, Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record,
M. Jamil Khan, Advocate Supreme Court,
Hafiz M.A. Qayyum Mazhar, Advocate-on-Record,
S.M. Zafar, Senior Advocate Supreme Court,
S. Zahid Hussain, Advocate Supreme Court,
S. Safdar Hussain, Advocate-on-Record
|
| Petitioners |
MUHAMMAD SOHAIL
|
| Respondents |
PROVINCE OF N.W.F.P. through the Chief Secretary, Government of N.W.F.P. Peshawar
|
| Citations |
1998 SLD 1438,
1998 PLC 764
|
| Other Citations |
Salimullah Khan and 10 others v. Raqib Khan and 15 others 1989 SCMR 1879
|
| Laws Involved |
North-West Frontier Province Engineering Service (Building and Road Department, Irrigation Department and Public Health Engineering Department) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
R. 3,
Art. 212(3)
|