1990 PLP 929 (SCMR)
Dr. GHULAM AKBAR KHAN NIAZI‑‑‑Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION and others‑‑‑Respondents
| Citation | 1990 PLP 929 (SCMR) |
| Forum / Court | High Court |
| Bench Members | S. Usman Ali Shah and Ahdul Qadeer Chaudhary, JJ |
| Parties | Dr. GHULAM AKBAR KHAN NIAZI‑‑‑Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION and others‑‑‑Respondents |
| Primary Law | Civil Servants Act (LXXI of 1973)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 929 (SCMR)?
This judgment primarily cites: Civil Servants Act (LXXI of 1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 929 (SCMR)?
The case was heard and decided by the High Court bench comprising: S. Usman Ali Shah and Ahdul Qadeer Chaudhary, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 929 (SCMR) (Dr. GHULAM AKBAR KHAN NIAZI‑‑‑Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shah Abdur Rashid, Advocate Supreme Court instructed by Manzoor Elahi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 7th February, 1990.
Headnotes / Summary
(Against the judgment and order dated 28‑2‑1989 of the Federal Service Tribunal, Islamabad, in Appeal No. 90(R) of 1984). ‑‑‑‑S. 23‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Seniority‑‑‑Civil servant, in final seniority ' list was shown junior to respondents‑‑‑Civil servant's departmental representation against seniority list, as also his appeal before Service Tribunal were rejected‑‑‑Leave to appeal was granted to examine; whether President of Pakistan could deal with a group of civil servants which adversely affects any other civil servant in exercise of his powers under section 23, Civil Servants Act, and whether the appointment of a civil servant could be regularised from a date earlier than the date from which Public Service Commission approved his name.
Judgment & Decree
Mr.Shahzada Hasan 30‑1‑1973 28‑12‑1974 3‑3‑1975 Mr.M. Iqbal Gil 17‑3‑1973 28‑12‑1974 25‑4‑1975 Mr. Zafar Saeed 22‑3‑1973 28‑12‑1974 28‑12‑1976 Mr.S.Maqbool Waris 18‑4‑1973 28‑12‑1974 26‑4‑1975 Mr. M.H. Qureshi 3‑11‑1973 28‑12‑1974 26‑4‑1975
3. On 3‑7‑1980 the Civil Servants Act, 1973 was amended and section 12‑A was inserted therein. This section authorises the President or his nominee to remove from service or revert to a lower post a civil servant who was appointed between the period 7‑1‑1972 to 5‑5‑1977. The President constituted a Review Board to consider the cases of appointees of the aforesaid period.
4. On 21‑6‑1984 a final seniority list of Assistant Education Advisers was circulated wherein the petitioner was shown junior to respondents No. 3 to
8. He made a departmental representation which was not responded to. Therefore, he approached the Federal Service Tribunal. The learned Tribunal did not accept the petitioner's contention that he was senior to respondents No. 3 to 8 and that the seniority list should be amended. It dismissed the appeal of the petitioner.
5. We have heard the learned counsel for the petitioner. The points for consideration are: whether (i) the President can deal with a group of civil servants which adversely affects any other civil servant in exercise of his powers under section 23 of the Civil Servants Act, and (ii) whether the appointment of a civil servant can be regularised from a date earlier than the date from which the Federal Public Service Commission approves his name. Leave is granted. AA./G‑273/S Leave granted.