| Case ID |
735880e6-8e96-44d5-806b-2a02e1581fb0 |
| Body |
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| Case Number |
Appeal Nos. 121(L)CS of 2015/963(R)CS of 2013 to 1 |
| Decision Date |
Dec 13, 2021 |
| Hearing Date |
Dec 02, 2021 |
| Decision |
The Tribunal accepted the appeals of the petitioners, setting aside the impugned orders that had relegated their seniority positions. The Tribunal found that the amendment in the rules which included different service cadres under one promotional hierarchy was illegal and not tenable in law. It was determined that both civil engineers and mining engineers had distinct duties and qualifications, and thus, should not be clubbed together in matters of seniority and promotion. The decision reinforced that notifications and rules cannot be applied retrospectively in a manner that affects rights already vested. The Tribunal directed the respondents to restore the seniority of the appellants as guaranteed by law. |
| Summary |
The case revolves around the appeals filed by Hammad Hassan Mirza and others against the Ministry of Railways regarding their seniority positions. The Tribunal examined the legality of amendments made to the Service Tribunals Act, 1973, particularly focusing on the clubbing of civil and mining engineers into one cadre, which was challenged by the appellants. The decision emphasized the distinct nature of job roles and qualifications for different engineering posts and reiterated the principle that amendments to rules cannot operate retrospectively. The Tribunal ultimately ruled in favor of the appellants, restoring their rightful positions in the seniority list. This case highlights critical issues of administrative justice, the importance of clear legal frameworks in public service, and the protection of employees' rights against arbitrary changes in rules. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan Railways
|
| Judges |
CH. MUHAMMAD AMIN,
JAVED,
IMTIAZ AHMAD KHAN
|
| Lawyers |
Mian Bilal Bashir,
Mian Qaisar Mahmood,
Malik Intzar Hussain Khokhar,
Sheikh Aftab Ahmad,
Mr. Salman Riaz Ch.
|
| Petitioners |
,
Hammad Hassan Mirza
|
| Respondents |
,
SECRETARY/CHAIRMAN, MINISTRY OF RAILWAYS (RAILWAY BOARD) GOVERNMENT OF PAKISTAN
|
| Citations |
2022 SLD 1838,
2022 PLJ 33
|
| Other Citations |
2012 SCMR 965,
PLD 2016 (SC) 398,
2020 SCMR 90,
2010 SCMR 1301,
2003 SCMR 271,
2012 SCMR 864
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
4
|