1991 PLP 438 (SCMR)

S. USMAN ALI SHAH, J.‑‑These are two petitions of almost of identical facts, filed by the petitioners against the single judgment of the Federal Service Tribunal, Islamabad, dated 9‑2‑1989, whereby, their appeals were rejected. The petitioners being serving Majors in the Pakistan Army, were transferred on secondment to the Airport Security Force, as Assistant Directors by Ministry of Defence, vide Notification No.Sec.4(18)81 dated 29‑12‑1981 and they took the charge as such w.e.f.15‑1‑1982. While considering the permanent absorbtion of the petitioners in the A.S.F., the Establishment Division, enquired from Aviation Division about fixation of their seniority. Aviation Division, on enquiry from the A.S.F. Headquarters, received the following reply:‑‑ "Their seniority in A.S.F. should be fixed below those who were already Assistant Directors at the time of their joining on secondment, but above those who were promoted as Assistant Directors after these officers joined A.S.F." The Establishment Division incorporated the above view, approved the Proposal and conveyed the same to Aviation Division vide U.O.No.4(1)/85‑C.P.6 dated 21‑12‑85. The petitioners retired from the Army and joined the A.S.F. on 1‑1‑1986 in a permanent capacity. Six months thereafter, the respondent No.2 processed the case of seniority and vide Memo No.Sec.4(34)/84 dated 23‑7‑1986 the seniority of the petitioners was disturbed which is directed to be counted w.e.f. the date of their induction m the A.S.F. i.e. 1‑1‑1986, in express violation of the decision of the competent Authority. The departmental representations of the petitioners against the above said Memo were rejected by the ASC Headquarters, vide their Letter No.41/18/82 dated 27‑12‑1986. Their appeals before the Federal Service Tribunal were also dismissed by the impugned judgment dated 9‑2‑1989. Hence, these two petitions, before this Court. The learned counsel for the petitioners in these petitions contended that the seniority of the petitioners on the recommendations of the Force Commander to the effect that they shall rank senior to those A.S.F. Officers, promoted to the post of Assistant Directors after the petitioners secondment to the A.S.F. was agreed by the Aviation Division and finally approved by the Establishment Division being a competent forum and now the respondent No.1 has no authority to reconsider it otherwise, without any notice to the petitioners. He also relied on a reported case "Doctor Roshan Ali Sayal v. The Government of Pakistan" 1983 PLC 429 wherein rectification of error was not allowed. After the hearing the learned counsel for the petitioners, we are of the opinion that different views in the case of the present petitioners are involved which is contrary to the views taken in the above‑mentioned case. We, therefore, grant leave to appeal in these petitions subject to all just objections regarding limitation only in C.P.L.A. No.278‑R/1989. Appeal is to be made ready on the present record with permission to parties to file additional documents if any. A.A/W 89/S Leave granted.