| Case ID |
3997084c-d385-4196-a4ba-f1ee91d69562 |
| Body |
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| Case Number |
Appeals Nos. 396 and 397 (L) of 1983 |
| Decision Date |
Dec 17, 1984 |
| Hearing Date |
Dec 17, 1984 |
| Decision |
Both appeals (396(L)/1983 and 397(L)/1983) are dismissed. The appeals were regarding the seniority of the petitioners as National Savings Officers. The tribunal found that the petitioners failed to qualify in the first two departmental examinations as required by their appointment terms. They were granted a third chance as a matter of grace and passed, but their seniority was determined based on the merit position of those who qualified in the earlier examinations. The tribunal upheld the seniority list prepared by the department, stating that the appellants could not claim seniority based on an examination that was not held in accordance with the rules. The decision clarified that the appellants' grievances regarding being placed junior to later appointees were without substance. |
| Summary |
This case revolves around the appeals filed by Shahid Akhtar and Ikram Ali Malik against the seniority list issued by the department. The appellants were National Savings Officers who were required to pass a departmental examination to regularize their appointment. After failing in their first two attempts, they were allowed a third chance, which they passed. However, their seniority was fixed below those who had passed earlier. The tribunal dismissed the appeals, emphasizing adherence to the rules governing seniority and the implications of the examination process. This case highlights critical issues of administrative justice, the interpretation of service rules, and the importance of following established procedures in civil service appointments. Legal representatives emphasized the merits of the case, but the tribunal maintained that the decision was in line with the governing regulations. The outcome reinforces the need for compliance with service rules in determining seniority and the limitations on claims based on procedural exceptions. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE SHAH ABDUR RASHID (CHAIRMAN),
S. A. SAYOOD (MEMBER)
|
| Lawyers |
Ch. Mushtaq Masood,
Hafiz Tariq Naseem
|
| Petitioners |
SHAHID AKHTAR,
IKRAM ALI MALIK
|
| Respondents |
SECRETARY, MINISTRY OF FINANCE,
RESPONDENTS No. 1,
RESPONDENTS No. 2,
RESPONDENTS No. 16,
RESPONDENTS No. 18,
RESPONDENTS No. 19,
RESPONDENTS No. 22
|
| Citations |
1986 SLD 1898,
1986 PLC 79
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973)
|
| Sections |
4
|