| Case ID |
e30686de-bdac-427d-9b98-ccff61871733 |
| Body |
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| Case Number |
Civil Petition No. 1976 of 2000 |
| Decision Date |
Oct 08, 2001 |
| Hearing Date |
Oct 08, 2001 |
| Decision |
The Supreme Court dismissed the petition filed by Javed Iqbal Khan against the Federal Service Tribunal's decision which had dismissed his appeal regarding seniority. The Court upheld the Tribunal's ruling that the petitioner's promotion and seniority claims were invalid due to the fact that he voluntarily opted for a promotion in a different position. The ruling emphasized that the general rule of seniority based on promotion dates applied, and that the exceptions outlined in the Civil Servants (Seniority) Rules did not apply to his case. The letters from the Federal Employees Benevolent and Group Insurance Funds were also upheld, confirming the Tribunal's decision was consistent with existing laws and regulations. |
| Summary |
In the case of Civil Petition No. 1976 of 2000, the Supreme Court of Pakistan reviewed the dismissal of Javed Iqbal Khan's appeal regarding his seniority as a civil servant. The Court analyzed the Civil Servants Act of 1973 and the Civil Servants (Seniority) Rules of 1993, particularly focusing on the stipulations surrounding seniority and promotions. The petitioner claimed that his voluntary forfeiture of a promotion in one post to pursue another should not have affected his seniority. However, the Court found that the general rule of seniority applied, determining that the petitioner was not entitled to be declared senior to the respondent civil servant. The judgment reinforced the importance of adhering to established rules regarding civil service promotions and seniority, ultimately leading to the dismissal of the petition. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui,
Javed Iqbal
|
| Lawyers |
Hafiz S.A. Rehman,
Mehr Khan Malik
|
| Petitioners |
Javed Iqbal Khan
|
| Respondents |
2 others,
Federal Employees Benevolent and Group Insurance Funds
|
| Citations |
2002 SLD 1694,
2002 PLC 15
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act, 1973,
Civil Servants (Seniority) Rules, 1993,
Constitution of Pakistan, 1973
|
| Sections |
8(4),
3(c),
212(3)
|