| Case ID |
fff2552f-6f9a-4a12-98ce-326a9d4059fe |
| Body |
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| Case Number |
Civil Appeals Nos. 1790 and 1791 of 1996 |
| Decision Date |
Nov 18, 1997 |
| Hearing Date |
Nov 04, 1997 |
| Decision |
The Supreme Court of Pakistan allowed both civil appeals, setting aside the order of the Service Tribunal. The court maintained the seniority as notified by the department on 31-7-1993. The court found that the respondent could not claim seniority over the appellants as the conditions attached to his reinstatement in service debarred him from claiming any benefit of service for the period between his removal and reinstatement. Furthermore, the appeal in Civil Appeal No. 1791 of 1996, which was time-barred by 62 days, was condoned due to sufficient reasons provided by the appellant. |
| Summary |
This case involves two civil appeals in the Supreme Court of Pakistan regarding seniority claims under the North-West Frontier Province Civil Servants Act and related rules. The appeals arose from a judgment by the N.W.F.P. Service Tribunal, which had declared Muhammad Fasihuddin Khan senior to the appellants in the grade of Superintending Engineer. The main legal issue was whether Khan could claim seniority over those promoted while he was out of service due to dismissal. The Supreme Court found that the conditions attached to Khan's reinstatement, which included no entitlement to service benefits during his dismissal, prevented him from claiming seniority over the appellants. The court also addressed a time-barred appeal, ultimately condoning the delay due to procedural issues. The decision emphasized the importance of adhering to the conditions of reinstatement and the specific rules governing seniority within the civil service framework. Keywords for this case include 'seniority claims', 'civil servant reinstatement', 'service tribunal judgment', and 'Supreme Court of Pakistan ruling'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
N.W.F.P. Service Tribunal
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
RAJA AFRASIAB KHAN,
SH. IJAZ NISAR
|
| Lawyers |
M. Zahoor Qureshi Azad, Advocate-on-Record for Appellant (in C.A. No. 1790 of 1996).,
Hussain Khan, Advocate Supreme Court for Respondent No.5 (in C. A. No. 1790 of 1996).,
Abid Hasan Minto, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent No. 16 (in C. A. No. 1790 of 1996).,
Appellant in person (In C.A. No. 1791 of 1996).,
Abid Hasan Minto, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent No. 1 (in C. A. No. 1791 of 1996).,
Hussain Khan, Advocate Supreme Court for Respondent No.6 (in C. A. No. 1791 of 1996).
|
| Petitioners |
AHMAD ALI, S.E. (STRUCTURE) S.D.O., PESHAWAR and others
|
| Respondents |
GOVERNMENT OF N.W.F.P. through Chief Secretary and others
|
| Citations |
1998 SLD 1398,
1998 PLC 496
|
| Other Citations |
Government of Pakistan v. Junejo Muhammad Iqbal PLD 1987 SC 427
|
| Laws Involved |
North-West Frontier Province Civil Servants Act, XVIII of 1973,
North-West Frontier Province Government Servants (Appointment, Promotion and Transfer) Rules, 1989,
Constitution of Pakistan (1973),
Limitation Act, IX of 1908
|
| Sections |
S. 8,
R. 1-7,
Art. 212(3),
S. 5
|