| Case ID |
2e9a7780-805d-412c-8391-0e00185610de |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.395-R of 198 |
| Decision Date |
Dec 08, 1986 |
| Hearing Date |
|
| Decision |
Leave is granted to examine whether the Service Tribunal was justified in its decision regarding seniority based on an Office Memorandum that did not exist at the relevant time. The court will also consider the tribunal's conclusions regarding appointments under the O.M. of 1975 and the implications of exceeding departmental quotas. This case will be heard alongside other appeals concerning similar issues, ensuring comprehensive examination of the legal questions raised. |
| Summary |
This case revolves around the interpretation of seniority and appointment regulations as outlined in the Constitution of Pakistan and the Service Tribunals Act. The Supreme Court of Pakistan granted leave to appeal to scrutinize the Federal Service Tribunal's decision, which was criticized for relying on an outdated Office Memorandum. The core issues include the justification of appointments under specific clauses of the O.M. of 1975 and whether such appointments can exceed prescribed quotas. The case highlights the complexities of civil service regulations and the legal standards governing administrative decisions. The implications of this case extend to the broader context of civil service appointments and the adherence to established rules and regulations, making it a significant legal precedent. The decision will not only affect the parties involved but also set a benchmark for future cases regarding civil service appointments and seniority disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Fazal Ellahi Siddiqi,
Ch. Ghulam Destagir Khan
|
| Petitioners |
WALAYAT HUSSAIN RAJA
|
| Respondents |
others,
SECRETARY, ESTABLISHMENT DIVISION
|
| Citations |
1987 SLD 347,
1987 SCMR 418
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
Art. 212(3),
S. 4
|