| Case ID |
2ebc6fff-8a59-428f-977e-c09f1ba26389 |
| Body |
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| Case Number |
Civil Appeals Nos. 824 to 826 of 1984 and 399 of 1 |
| Decision Date |
Jan 09, 1988 |
| Hearing Date |
Dec 14, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by Fazal-i-Qadir and Walayat Hussain Raja, affirming the decisions of the Federal Service Tribunal regarding the seniority of civil servants. The Court ruled that the Office Memorandum dated 27-1-1975 was not ultra vires of the Civil Servants Act and did not conflict with existing rules. The principles of seniority established under the Act were upheld, allowing promotees of the same year to take precedence over direct recruits. The Court emphasized that the quota for appointments could be redetermined and that rights and obligations arise upon joining the post, not merely upon notification. The judgment set aside the Tribunal's order and confirmed the seniority allocations as per the Office Memorandum. |
| Summary |
This case revolves around the interpretation of seniority provisions under the Civil Servants Act (LXXI of 1973) and the implications of an Office Memorandum dated 27-1-1975. The Supreme Court examined whether the Memorandum was legally binding and its impact on the seniority of civil servants. The ruling established that promotees of the same year have precedence over direct recruits, a decision that affects many civil servants' careers and raises questions about administrative reforms and their compliance with existing laws. The Court's decision ensures that the principles of seniority are maintained and that the quota system for appointments remains transparent and fair. This case is significant for understanding the legal framework governing civil service appointments in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federation of Pakistan
|
| Judges |
MOHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN, J.,
TAVID IQBAL, J.,
ALI HUSSAIN QAZILBASH, J.,
USMAN ALI SHAH, J.
|
| Lawyers |
Abid Hasan Minto, Senior Advocate Supreme Court,
Syed Riaz Ahmad Pirzada, Advocate Supreme Court,
Karam Ilahi Bhatti, Advocate-on-Record,
Sajjad Ahmed Sipra, Deputy Attorney General,
Ch. Akhtar Ali, Advocate-on-Record,
Bashir Ahmad Ansari, Advocate Supreme Court,
Fazal Elahi Siddiqui, Advocate
|
| Petitioners |
FAZALIQADIR and others
|
| Respondents |
SECRETARY, ESTABLISHMENT, DIVISION and others
|
| Citations |
1988 SLD 275,
1988 PLD 131
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act (LXXI of 1973)
|
| Sections |
8,
25
|