| Case ID |
d6ae95c1-f904-4e55-aa4b-100652a1c2f4 |
| Body |
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| Case Number |
Appeals Nos. 152(L) and 159(L) of 1994 |
| Decision Date |
Apr 25, 1995 |
| Hearing Date |
Jul 28, 1994 |
| Decision |
The appeals filed by the appellants, Habibullah Nasir and Habib Ghani, challenging the validity of the seniority list dated 2-3-1994 were dismissed. The Tribunal found that the seniority of civil servants is determined based on the merit assigned by the Federal Public Service Commission (F.P.S.C.) and the order of appointments made through earlier open advertisements. The Tribunal upheld that the appellants, despite having joined earlier, were correctly ranked junior to the respondents, who were recruited through an earlier advertisement. The Tribunal emphasized that the recruitment process and the merits assigned by the F.P.S.C. are paramount in determining seniority, thus affirming the department's decision on seniority as justified and in accordance with the Civil Servants Act. |
| Summary |
In the case of Habibullah Nasir and Habib Ghani versus the Government of Pakistan, the Federal Service Tribunal addressed the issue of seniority among civil servants under the Civil Servants Act of 1973. The appellants challenged a seniority list that relegated their positions despite their earlier merits and appointments. The Tribunal ruled that seniority is determined by the recruitment process established by the F.P.S.C. and that the appellants' earlier joining dates were immaterial. This ruling highlights the significance of following established recruitment protocols and emphasizes the importance of the F.P.S.C.'s role in maintaining the integrity of civil service appointments. The case underscores the principles of natural justice and the need for transparency in civil service appointments, which is crucial for ensuring fairness and equity in government positions. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Federal Public Service Commission,
Department of Archaeology and Museums
|
| Judges |
Muhammad Ismail,
Noor Muhammad Magsi
|
| Lawyers |
Riazul Hasan,
Hafiz Tariq Naseem
|
| Petitioners |
Habibullah Nasir,
Habib Ghani
|
| Respondents |
Government of Pakistan, Department of Archaeology and Museum,
Culture, Sports and Youth Affairs Division
|
| Citations |
1995 SLD 1525 = 1995 PLC 950
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act
|
| Sections |
8
|