| Case ID |
e2986083-4dac-4c8a-81fd-bd9d73676ff8 |
| Body |
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| Case Number |
Civil Petition No. 370 of 1995 |
| Decision Date |
Jan 30, 1996 |
| Hearing Date |
Jan 30, 1996 |
| Decision |
The petitioner sought leave to appeal against the judgment of the Federal Service Tribunal, which had dismissed his service appeal regarding seniority. The Tribunal ruled that the respondent was entitled to count his compulsory military service towards his seniority. The petitioner contended that the relevant section of the Compulsory Service in Armed Forces Ordinance only applied to federal and provincial government employment, not to his service under P.O.F. The Supreme Court granted leave to appeal to examine this contention. |
| Summary |
This case revolves around the interpretation of seniority among civil servants as it relates to compulsory military service. The dispute arose when a civil servant claimed seniority over another based on the application of Section 9-A of the Compulsory Service in Armed Forces Ordinance, which was contested in the Federal Service Tribunal. The Tribunal ruled in favor of the respondent, granting him seniority for the period he served in the army. The petitioner challenged this ruling, arguing that the Ordinance did not apply to his service under P.O.F. The Supreme Court's decision to grant leave to appeal indicates the importance of clarifying the application of this law and its implications on civil service seniority. This case highlights the complexities of employment law, particularly regarding military service and civil servant rights, making it significant for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
Departmental Authority
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
MUKHTAR AHMAD,
JUNEJO,
MUHAMMAD BASHIR KHAN,
JEHANGIRI
|
| Lawyers |
Riazul Haq, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Raja Muhammad Bashir, Deputy Attorney-General,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
MUHAMMAD SALEEM SADDOZAI
|
| Respondents |
others,
CHAIRMAN, P.O.F., WAH
|
| Citations |
1997 SLD 806,
1997 SCMR 1363
|
| Other Citations |
Not available
|
| Laws Involved |
Compulsory Service in Armed Forces Ordinance,
Constitution of Pakistan
|
| Sections |
9-A,
212(3)
|