| Case ID |
f71e32ca-19b5-4420-b785-78b951289319 |
| Body |
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| Case Number |
Civil Petition No. 896 of 1997 |
| Decision Date |
Apr 22, 1998 |
| Hearing Date |
Apr 22, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the decision of the Service Tribunal which had previously held that the petitioner’s date of regularisation could not be altered. The petitioner had failed to challenge the regularisation date within the stipulated time frame and the Tribunal found that the petitioner’s silence on the matter protected the interests of the respondents. The case highlighted issues of seniority among civil servants and the importance of timely representation against administrative decisions. |
| Summary |
In the case of Civil Petition No. 896 of 1997, the Supreme Court of Pakistan dealt with a dispute regarding the seniority of civil servants under the Civil Servants Act, 1973. The petitioner, Muhammad Muzaffar Abbas, contended that his appointment date should be recognized as 1-4-1973 instead of 1-1-1974, a claim that was dismissed by the Federal Service Tribunal. The Court ruled that the petitioner had not adequately challenged the regularisation date in a timely manner, thus upholding the Tribunal's decision. The case involved significant interpretations of administrative law concerning civil servant promotions and seniority. The ruling emphasized the necessity for civil servants to act promptly in disputes regarding their employment status and rights, establishing a precedent regarding the implications of administrative decisions on civil service careers. This case serves as a vital reference for future disputes related to civil servant seniority and administrative justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN,
CH. MUHAMMAD ARIF
|
| Lawyers |
M.S. Siddiqui, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Fazal Elahi Siddiqui, Advocate Supreme Court,
Mian Tariq Mahmood, Deputy Attorney-General
|
| Petitioners |
MUHAMMAD MUZAFFAR ABBAS
|
| Respondents |
others,
SECRETARY, KANA DIVISION
|
| Citations |
1999 SLD 757,
1999 PLC 32
|
| Other Citations |
Pakistan v. Sheikh Abdul Hamid PLD 1961 SC 105,
Muhammad Ibrahim Munshey and others v. Province of West Pakistan through Chief Secretary and others PLD 1968 SC 1,
Federation of Pakistan v. Azam Ali and others 1985 SCMR 386,
Sultan Mahmood, Excise and Taxation Inspector, Peshawar and others v. Government of West Pakistan and 2 others PLD 1964 SC 302,
Muhammad Nabi v. The Secretary, Establishment Division, Rawalpindi and 7 others 1990 SCMR 1481,
Fida Hussain v. Government of Pakistan through Secretary, Establishment Division, Islamabad and others 1996 SCMR 303
|
| Laws Involved |
Civil Servants Act,
Constitution of Pakistan
|
| Sections |
23,
8,
212(3)
|