| Case ID |
eb3f8d62-f8c9-49a1-bcb8-281349d076ed |
| Body |
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| Case Number |
Civil Petitions Nos. 97 and 98-Q of 2000 |
| Decision Date |
Jul 26, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions for leave to appeal filed by Ghulam Rasool and Mir Ali Akbar Mengal against the judgment of the Balochistan Service Tribunal which had dismissed their appeals concerning the fixation of seniority. The Court found that the Review Board had reinstated the civil servants without back benefits, and hence their seniority could not be fixed retrospectively to their initial appointment dates. The decision emphasized that seniority cannot be conferred unless a right to it is established, and the petitioners failed to demonstrate such a right. The findings of the Service Tribunal were deemed unexceptionable and did not warrant any interference from the Supreme Court. |
| Summary |
In the case of Ghulam Rasool and Mir Ali Akbar Mengal vs. Government of Balochistan, the Supreme Court of Pakistan dealt with the important issue of seniority fixation under the Civil Servants Act. The petitioners challenged the decision of the Balochistan Service Tribunal which had dismissed their appeals regarding the determination of their seniority following their reinstatement by a Review Board. The Supreme Court, while examining the legal provisions of the Civil Servants Act and the Service Tribunals Act, ruled that seniority cannot be granted retroactively unless a legal right to such seniority is substantiated. The Court highlighted that the petitioners had been out of service for a significant period and their reinstatement did not entitle them to claim seniority from their initial appointment dates. This case underscores the legal principles governing seniority and the implications of service interruptions for civil servants, making it a significant reference point in administrative law and public service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Balochistan Service Tribunal
|
| Judges |
SH. RIAZ AHMED,
JAVED IQBAL
|
| Lawyers |
Mohsin Javed,
W.N. Kohli,
Basharatullah
|
| Petitioners |
GHULAM RASOOL,
MIR ALI AKBAR MENGAL
|
| Respondents |
GOVERNMENT OF Balochistan
|
| Citations |
2002 SLD 2471,
2002 PLD 381
|
| Other Citations |
Muhammad Iqbal v. Secretary to Government of Punjab 1986 SCMR 1,
Karamat Hussain v. Province of the Punjab 1982 SCMR 897,
Miss Razia Sultana v. Government of Punjab 1981 SCMR 715,
M. Yasmin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22,
Irtiqa Rasool Hashmi v. WAPDA 1980 SCMR 722,
Dilbar Hussain v. Province of Punjab 1980 SCMR 148,
Dilbar Hussain Siddiqi v. Additional Settlement and Rehabilitation Commissioner, Peshawar 1976 SCMR 268,
Muhammad Azhar Khan v. The Service Tribunal, Islamabad 1976 SCMR 262,
M.A. Majid v. Government of Pakistan 1976 SCMR 311,
Muhammad Azam v. Chief Irrigation 1991 SCMR 255
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
8,
4,
212(3),
185(3)
|