| Case ID |
41fb5ff0-e176-421e-bb18-2bf58ede38dc |
| Body |
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| Case Number |
Civil Petition No.1206 of 2008 |
| Decision Date |
Jun 19, 2009 |
| Hearing Date |
Jun 19, 2009 |
| Decision |
The Supreme Court dismissed the petition of Mrs. Rashida Asif, affirming the decision of the Federal Service Tribunal. The Court found no substantial question of law of public importance that warranted granting leave to appeal. The petitioner had failed to challenge her position in the seniority list in a timely manner, and her claim of being senior to Mrs. Aasia Gondal was not substantiated. The Court emphasized that seniority is a vested right that cannot be altered without lawful justification. The decision of the Service Tribunal was upheld as it was well-reasoned and did not exhibit any infirmity. |
| Summary |
This case revolves around the issue of seniority within the context of the Civil Servants Act and the Constitution of Pakistan. The petitioner, Mrs. Rashida Asif, challenged her seniority position against Mrs. Aasia Gondal, claiming that she was placed junior despite being appointed earlier. The Supreme Court of Pakistan, in its judgment, highlighted the importance of timely objections to seniority lists, ruling that the petitioner could not reverse her seniority position after years of inaction. The Court reaffirmed the principles governing seniority as a vested right and reiterated that changes to such a position without lawful justification are impermissible. This case underscores the legal framework surrounding civil service appointments and the critical nature of adhering to established procedural norms in disputes over seniority. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
CH. EJAZ YOUSAF,
SARDAR MUHAMMAD ASLAM
|
| Lawyers |
Muhammad Shoaib Shaheen,
Qari Abdul Rashid,
Safdar Shah
|
| Petitioners |
Mrs. RASHIDA ASIF
|
| Respondents |
others,
Mrs. AASIA GONDAL
|
| Citations |
2010 SLD 2298,
2010 PLC 357
|
| Other Citations |
WAPDA v. Abbas Ali Malano 2004 PLC (C.S.) 1,
Ikram Bari and 524 others v. National Bank of Pakistan through President and others 2005 SCMR 100,
Bashir Ahmad v. Mahmud Ali Khan PLD 1960 SC 195,
Syed Ali Hasan Rizvi v. Islamic Republic of Pakistan 1986 SCMR 1086,
Muhammad Azhar Khan v. Service Tribunal, Islamabad 1976 SCMR 262,
Water and Power Development Authority v. Abdur Rashid Dar 1990 SCMR 1513,
Sher Bahadar v. Government of N.-W.F.P. 1990 SCMR 1519,
Nazakat Ali v. WAPDA 2004 SCMR 145,
Muhammad Iqbal v. Secretary to Government of Punjab 1986 SCMR 1,
Karamat Hussain v. Province of the Punjab 1982 SCMR 897,
Razia Sultana v. Government of Punjab 1981 SCMR 715,
M. Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22,
Irtiqa Rasool Hashmi v. WAPDA 1980 SCMR 722,
Dilbar Hussain v. Province of Punjab 1980 SCMR 148,
Yousaf Hussain Siddiqi v. Additional Settlement and Rehabilitation Commissioner, Peshawar 1976 SCMR 268,
M.A. Majid v. Government of Pakistan 1976 SCMR 311,
Director Food v. Rashid Ahmad 1990 SCMR 1446,
Province of Punjab through A.I.G. P., Lahore v. Rao Abdul Jalil Khan 1939 SCMR 330,
Sattan v. Rani 1989 SCMR 1677,
Government of Punjab v. Khalid Hussain Gill 1989 SCMR 748,
Abdul Razaq v. Province of Punjab 1980 SCMR 876,
Muhammad Yaqub Sheikh v. Government of the Punjab through Secretary, Local Government and Rural Development 1987 SCMR 1354,
Babar Gul v. Sohail Ahmad Sheikh 2002 SCMR 581
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
8,
212(3)
|