| Case ID |
3d51bfb8-7f36-4b7c-8f76-7652139fcfa3 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 350(R) of 1990 |
| Decision Date |
Oct 08, 1991 |
| Hearing Date |
Sep 30, 1990 |
| Decision |
The case addressed the issue of seniority entitlement for a civil servant who transitioned through various roles and ranks. The court found that the civil servant's original promotions did not entitle him to seniority in his new position, which he accepted on his own request, rather than through compulsory transfer. The ruling emphasized that in the absence of a vested right to seniority, the civil servant's claim was justifiably denied. The decision reinforced the authority's discretion in determining seniority based on the nature of appointments. |
| Summary |
This case revolves around the complexities of civil service seniority and the rights of civil servants upon changing positions. The primary focus was on a civil servant who had been promoted through the ranks and then sought to claim seniority from his previous positions after being appointed to a new role based on his own requests. The Federal Service Tribunal ruled that since the appointment to the new role was not compulsory, the civil servant could not claim seniority from the dates of his earlier promotions. The ruling highlights the importance of understanding the nature of one's appointment and the implications it has on seniority rights within civil service. It serves as a crucial reference for similar cases, emphasizing that voluntary requests do not confer the same rights as compulsory transfers. This decision is significant for civil service law as it clarifies the conditions under which seniority is determined and reinforces the authority's role in managing civil servant appointments and entitlements. Keywords such as 'civil service seniority', 'entitlement rights', 'Federal Service Tribunal', and 'appointment conditions' are critical for understanding the legal landscape surrounding this case. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
CH. HASAN NAWAZ,
MISBAHULLAH KHAN
|
| Lawyers |
Dr. G.S. Khan,
Imtiaz Ahmed Warraich,
Sardar Muhammad Amir Akbar Khan,
Mr. Zakaullah Jan
|
| Petitioners |
MUHAMMAD JAVED IQBAL
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad
|
| Citations |
1992 SLD 797,
1992 PLC 390
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|