PLC(CS) 1992

1992 PLP (C (PLC(CS))

MUHAMMAD JAVED IQBAL Versus FEDERATION OF PAKISTAN through Secretary, Establishment

Jurisdiction / Court
Federal Service Tribunal
Decided Date
Appeal No. 350(R) of 1990, decided on 8th October, 1991.
Honorable Judges
Ch. Hasan Nawaz and Misbahullah Khan, Members
Case Reference Summary (AEO Optimized)
Citation 1992 PLP (C (PLC(CS))
Forum / Court Federal Service Tribunal
Bench Members Ch. Hasan Nawaz and Misbahullah Khan, Members
Parties MUHAMMAD JAVED IQBAL Versus FEDERATION OF PAKISTAN through Secretary, Establishment
Primary Law Civil service
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?

This judgment primarily cites: Civil service as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?

The case was heard and decided by the Federal Service Tribunal bench comprising: Ch. Hasan Nawaz and Misbahullah Khan, Members.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MUHAMMAD JAVED IQBAL Versus FEDERATION OF PAKISTAN through Secretary, Establishment). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Civil service

Representation

  • Dr. G.S. Khan and Imtiaz Ahmed Warraich for Appellant.
  • Sardar Muhammad Amir Akbar Khan Standing Counsel alongwith Mr. Zakaullah Jan, Section Officer, Establishment Division, D.R. for Respondent.
  • Date of hearing: 30th September, 1990.

Headnotes / Summary

Seniority

Entitlement

Civil servant who joined as Civilian Intelligence Officer in BPS-16, subsequently was promoted to BPS-17 and then to BPS-18 as Assistant Director

After serving as such for about 5 years, he was transferred and posted on deputation as Section Officer in BPS-18 in Finance Division of Department

Subsequently on civil servant's own request he was appointed in Office Management Group (OMG) as Section Officer in same B.P.S: Civil servant claimed that his seniority in new office should be counted from dates he was earlier promoted to BPS-17 and then in BPS-18

Civil servant earlier was transferred and posted on deputation as Section Officer by Authority concerned compulsorily, but subsequent appointment of civil servant in Office Management Group (OMG), was on his own repeated requests

No reason existed in circumstances, to grant him seniority from dates he was originally promoted to BPS-17 and then BPS-18, but at the most he could claim his seniority from date he was transferred and posted on deputation as Section Officer in Finance Division by Authority itself

In absence of any vested right to a particular seniority in any service, cadre or post, request of civil servant to grant him seniority towards present appointment, from date he was originally promoted, was rightly turned down in view of fact that he was appointed to the present post not compulsorily by Authority, but on his own repeated requests

Civil servant was rightly assigned seniority from date he was transferred on deputation compulsorily by Authority in Finance Division..

Judgment & Decree

Division, Islamabad Appeal No. 350(R) of 1990, decided on 8th October, 1991. Civil service

Seniority

Entitlement

Civil servant who joined as Civilian Intelligence Officer in BPS-16, subsequently was promoted to BPS-17 and then to BPS-18 as Assistant Director

After serving as such for about 5 years, he was transferred and posted on deputation as Section Officer in BPS-18 in Finance Division of Department

Subsequently on civil servant's own request he was appointed in Office Management Group (OMG) as Section Officer in same B.P.S: Civil servant claimed that his seniority in new office should be counted from dates he was earlier promoted to BPS-17 and then in BPS-18

Civil servant earlier was transferred and posted on deputation as Section Officer by Authority concerned compulsorily, but subsequent appointment of civil servant in Office Management Group (OMG), was on his own repeated requests

No reason existed in circumstances, to grant him seniority from dates he was originally promoted to BPS-17 and then BPS-18, but at the most he could claim his seniority from date he was transferred and posted on deputation as Section Officer in Finance Division by Authority itself

In absence of any vested right to a particular seniority in any service, cadre or post, request of civil servant to grant him seniority towards present appointment, from date he was originally promoted, was rightly turned down in view of fact that he was appointed to the present post not compulsorily by Authority, but on his own repeated requests

Civil servant was rightly assigned seniority from date he was transferred on deputation compulsorily by Authority in Finance Division.. Dr. G.S. Khan and Imtiaz Ahmed Warraich for Appellant. Sardar Muhammad Amir Akbar Khan Standing Counsel alongwith Mr. Zakaullah Jan, Section Officer, Establishment Division, D.R. for Respondent. Date of hearing: 30th September, 1990.