2006 PLP (C (PLC(CS))
DR. ROOHI SAEED Versus SHEIKH ZAYED HOSPITAL AND POST GRADUATE MEDICAL INSTITUTE
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Moazzam Hayat and Jehan Zaib Burki, Members |
| Parties | DR. ROOHI SAEED Versus SHEIKH ZAYED HOSPITAL AND POST GRADUATE MEDICAL INSTITUTE |
| Primary Law | (a) Civil service, (d) Administration of justice, (b) Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2006 PLP (C (PLC(CS))?
This judgment primarily cites: (a) Civil service, (d) Administration of justice, (b) Service Tribunals Act (LXX of 1973), (c) Civil Servants (Seniority) Rules, 1993 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP (C (PLC(CS))?
The case was heard and decided by the Federal Service Tribunal bench comprising: Moazzam Hayat and Jehan Zaib Burki, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP (C (PLC(CS)) (DR. ROOHI SAEED Versus SHEIKH ZAYED HOSPITAL AND POST GRADUATE MEDICAL INSTITUTE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Hussain Awan for Appellant.
- Imran Aziz Khan for Respondents Nos. 1, 3 & 4.
- Sher Zaman for Respondent No.5.
- Date of hearing: 1st October, 2004.
Headnotes / Summary
Appointment of current charge basis
Appointment on current charge basis was not a promotion
Civil servant who was appointed on a higher post on current charge basis would continue to be in his own grade till he was promoted on regular basis.
S. 4
Proviso (b)
Civil Servants Act (LXXI of 1973), S.8
Appellant in prayer clause of appeal had not prayed for promotion and her claim was that order by which respondent was declared senior to her be set aside being illegal
Appeal could be filed before Service Tribunal for such relief
Dispute being relating to seniority of appellant, Service Tribunal was the only forum wherein such question could be finally and conclusively decided
Appeal filed by appellant was maintainable.
R.4
Seniority on appointment by transfer
Seniority of civil servant in transferee department would be reckoned from the date of his transfer. 2003 SCMR 333 ref.
Every person, of whatever status he was and whatever religion/faith he professed, was duty bound to do justice to all
Government Departments particularly required to impart justice to their employees so that they could not enter into litigation and it was not the function of the Courts alone to administer justice
Timely decisions on merits by, respective Department, could definitely help in reducing litigation.
Judgment & Decree
(b) Service Tribunals Act (LXX of 1973)
S. 4
Proviso (b)
Civil Servants Act (LXXI of 1973), S.8
Appellant in prayer clause of appeal had not prayed for promotion and her claim was that order by which respondent was declared senior to her be set aside being illegal
Appeal could be filed before Service Tribunal for such relief
Dispute being relating to seniority of appellant, Service Tribunal was the only forum wherein such question could be finally and conclusively decided
Appeal filed by appellant was maintainable. (c) Civil Servants (Seniority) Rules, 1993
R.4
Seniority on appointment by transfer
Seniority of civil servant in transferee department would be reckoned from the date of his transfer. 2003 SCMR 333 ref. (d) Administration of justice
Every person, of whatever status he was and whatever religion/faith he professed, was duty bound to do justice to all
Government Departments particularly required to impart justice to their employees so that they could not enter into litigation and it was not the function of the Courts alone to administer justice
Timely decisions on merits by, respective Department, could definitely help in reducing litigation. Muhammad Hussain Awan for Appellant. Imran Aziz Khan for Respondents Nos. 1, 3 &
4. Sher Zaman for Respondent No.5. Date of hearing: 1st October, 2004.