| Case ID |
d5dfa875-40d9-4a30-adfb-b3a67d60eab3 |
| Body |
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| Case Number |
Civil Petition No.342-R of 1989 |
| Decision Date |
Oct 11, 1989 |
| Hearing Date |
|
| Decision |
In this case, the Supreme Court of Pakistan addressed the issue of seniority among Assistant Engineers appointed under the Resident Commissioner for Northern Area. The Court noted that the appointments made prior to 16-10-1973 were regularized, allowing the respondents to count their previous service for the purposes of seniority. The petitioner contended that the earlier appointments were temporary and did not confer seniority rights. The Court found that this matter was not free from difficulty and issued a notice to the respondents to appear and clarify the basis for the Service Tribunal's observations regarding seniority. |
| Summary |
The case revolves around the interpretation of seniority rights under the Service Tribunals Act and the Constitution of Pakistan. The Supreme Court of Pakistan examined how appointments made on a temporary basis could affect seniority claims when regularized. The decision emphasizes the necessity for clarity in the authority under which seniority is awarded, especially in public service appointments. This case is significant for understanding employment law and the rights of employees in the context of service tribunals, providing insights into the legal frameworks governing public sector employment. It highlights the complexity of employment rights and the importance of adhering to legal statutes in making decisions about personnel. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nasim Hasan Shah,
Ghulam Mujaddid,
Muhammad Nabi
|
| Lawyers |
Shah Abdur Rashid,
Manzoor Elahi
|
| Petitioners |
NASIM HASAN SHAH
|
| Respondents |
others,
THE SECRETARY, ESTABLISHMENT DIVISION
|
| Citations |
1990 SLD 1124,
1990 SCMR 1481
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
Art.212(3)
|